Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence...

150
SP Bill 25 Session 4 (2013) Scottish Independence Referendum Bill [AS INTRODUCED] CONTENTS Section Referendum 1 Referendum on Scottish independence Franchise 2 Those who are entitled to vote Voting etc. 3 Provision about voting etc. Conduct 4 Chief Counting Officer 5 Other counting officers 6 Functions of the Chief Counting Officer and other counting officers 7 Correction of procedural errors 8 Expenses of counting officers 9 Conduct rules Campaign 10 Campaign rules 11 Monitoring and securing compliance with the campaign rules 12 Inspection of Electoral Commission’s registers etc. 13 Campaign rules: general offences 14 Campaign offences: summary proceedings 15 Duty of court to report convictions to the Electoral Commission Referendum agents 16 Referendum agents Observers 17 Attendance of Electoral Commission at proceedings and observation of working practices 18 Accredited observers: individuals 19 Accredited observers: organisations 20 Attendance and conduct of accredited observers Information, guidance and advice 21 Information for voters 22 Guidance 23 Advice

Transcript of Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence...

Page 1: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

SP Bill 25 Session 4 (2013)

Scottish Independence Referendum Bill [AS INTRODUCED]

CONTENTS Section

Referendum

1 Referendum on Scottish independence

Franchise

2 Those who are entitled to vote

Voting etc.

3 Provision about voting etc.

Conduct

4 Chief Counting Officer

5 Other counting officers

6 Functions of the Chief Counting Officer and other counting officers

7 Correction of procedural errors

8 Expenses of counting officers

9 Conduct rules

Campaign

10 Campaign rules

11 Monitoring and securing compliance with the campaign rules

12 Inspection of Electoral Commission’s registers etc.

13 Campaign rules: general offences

14 Campaign offences: summary proceedings

15 Duty of court to report convictions to the Electoral Commission

Referendum agents

16 Referendum agents

Observers

17 Attendance of Electoral Commission at proceedings and observation of working practices

18 Accredited observers: individuals

19 Accredited observers: organisations

20 Attendance and conduct of accredited observers

Information, guidance and advice

21 Information for voters

22 Guidance

23 Advice

Page 2: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

ii Scottish Independence Referendum Bill

Report on referendum

24 Report on the conduct of the referendum

Electoral Commission: administrative provision

25 Reimbursement of Commission’s costs

26 Estimates of expenditure

27 Maladministration

Offences

28 Offences

29 Offences by bodies corporate etc.

Power to make supplementary etc. provision and modifications

30 Power to make supplementary etc. provision and modifications

Legal proceedings

31 Restriction on legal challenge to referendum result

Final provisions

32 Interpretation

33 Commencement

34 Short title

__________

Schedule 1 —Form of ballot paper

Schedule 2 —Further provision about voting in the referendum

Part 1 —Manner of voting

Part 2 —Registration

Part 3 —Postal voting: issue and receipt of ballot papers

Part 4 —Supply of Polling List etc.

Part 5 —Supply of marked Polling List etc.

Schedule 3 —Conduct rules

Schedule 4 —Campaign rules

Part 1 —Interpretation

Part 2 —Permitted participants and designated organisations

Part 3 —Referendum expenses

Part 4 —Publications

Part 5 —Control of donations

Part 6 —Control of loans and credit

Schedule 5 —Campaign rules: investigatory powers of the Electoral Commission

Schedule 6 —Campaign rules: civil sanctions

Part 1 —Fixed monetary penalties

Part 2 —Discretionary requirements

Part 3 —Stop notices

Part 4 —Enforcement undertakings

Part 5 —Power to make supplementary provision etc. by order

Part 6 —General and supplemental

Part 7 —Interpretation

Schedule 7 —Offences

Schedule 8 —Interpretation

Page 3: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 1

SP Bill 25 Session 4 (2013)

ACCOMPANYING DOCUMENTS

Explanatory Notes, together with other accompanying documents, are printed separately as

SP Bill 25-EN. A Policy Memorandum is printed separately as SP Bill 25-PM.

Scottish Independence Referendum Bill

[AS INTRODUCED]

An Act of the Scottish Parliament to make provision, in accordance with paragraph 5A of Part 1

of Schedule 5 to the Scotland Act 1998, for the holding of a referendum in Scotland on a question

about the independence of Scotland.

Referendum

1 Referendum on Scottish independence 5

(1) A referendum is to be held in Scotland on a question about the independence of

Scotland.

(2) The question is—

―Should Scotland be an independent country?‖.

(3) The ballot paper to be used for the purpose of the referendum is to be printed— 10

(a) in the form set out in schedule 1, and

(b) according to the directions set out in that schedule.

(4) The date on which the poll at the referendum is to be held is 18 September 2014, unless

before then an order is made under subsection (6).

(5) Subsection (6) applies if the Scottish Ministers are satisfied— 15

(a) that it is impossible or impracticable for the poll at the referendum to be held on

18 September 2014, or

(b) that it cannot be conducted properly if held on that date.

(6) The Scottish Ministers may by order appoint a later day (being no later than 31

December 2014) as the day on which the poll at the referendum is to be held. 20

(7) An order under subsection (6)—

(a) may include supplementary or consequential provision,

(b) may modify any enactment (including this Act), and

(c) is subject to the affirmative procedure.

Page 4: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

2 Scottish Independence Referendum Bill

Franchise

2 Those who are entitled to vote

Provision about who is entitled to vote in the referendum is made by the Scottish

Independence Referendum (Franchise) Act 2013.

Voting etc. 5

3 Provision about voting etc.

Schedule 2 makes provision about voting in the referendum, including—

(a) provision about the manner of voting (including provision for absent voting),

(b) provision about the register of electors,

(c) provision about postal voting, and 10

(d) provision about the supply of certain documents.

Conduct

4 Chief Counting Officer

(1) The Scottish Ministers must, in writing, appoint a Chief Counting Officer for the

referendum. 15

(2) The Chief Counting Officer is to be the person who, immediately before this section

comes into force, is the person appointed as the convener of the Electoral Management

Board for Scotland by virtue of section 2 of the Local Electoral Administration

(Scotland) Act 2011.

(3) But subsection (2) does not apply if— 20

(a) there is no person appointed as convener at that time, or

(b) that person is unable or unwilling to be appointed as the Chief Counting Officer.

(4) The Chief Counting Officer may resign by giving notice in writing to the Scottish

Ministers.

(5) The Scottish Ministers may, by notice in writing, remove the Chief Counting Officer 25

from office if they are satisfied that the Chief Counting Officer is unable to perform the

Chief Counting Officer’s functions by reason of any physical or mental illness or

disability.

(6) If the Chief Counting Officer dies, resigns or is removed from office, the Scottish

Ministers must appoint another person to be the Chief Counting Officer. 30

(7) The Chief Counting Officer may, in writing, appoint deputies to carry out some or all of

the officer’s functions and, so far as necessary for the purposes of carrying out those

functions, any reference in this Act to the Chief Counting Officer is to be read as

including a deputy.

(8) A person may be appointed to be— 35

(a) the Chief Counting Officer,

(b) a deputy of the Chief Counting Officer,

only if the person is or has been a returning officer appointed under section 41(1) of the

1983 Act.

Page 5: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 3

5 Other counting officers

(1) The Chief Counting Officer must, in writing, appoint a counting officer for each local

government area.

(2) The Chief Counting Officer must notify the Scottish Ministers of each appointment

made under subsection (1). 5

(3) A counting officer may resign by giving notice in writing to the Chief Counting Officer.

(4) The Chief Counting Officer may, by notice in writing, remove a counting officer from

office if—

(a) the Chief Counting Officer is satisfied that the counting officer is for any reason

unable to perform the counting officer’s functions, or 10

(b) the counting officer fails to comply with a direction given or requirement imposed

by the Chief Counting Officer.

(5) If the counting officer for an area dies, resigns or is removed from office, the Chief

Counting Officer must appoint another person to be the counting officer for the area.

(6) A counting officer may, in writing, appoint deputies to carry out some or all of the 15

officer’s functions and, so far as necessary for the purposes of carrying out those

functions, any reference in this Act to a counting officer is to be read as including a

deputy.

6 Functions of the Chief Counting Officer and other counting officers

(1) The Chief Counting Officer is responsible for ensuring the proper and effective conduct 20

of the referendum, including the conduct of the poll and the counting of votes, in

accordance with this Act.

(2) Each counting officer must—

(a) conduct the poll and the counting of votes cast in the local government area for

which the officer is appointed in accordance with this Act, and 25

(b) certify—

(i) the number of ballot papers counted by the officer,

(ii) the number of votes cast in the area in favour of each answer to the

referendum question, and

(iii) the number of rejected ballot papers. 30

(3) A counting officer—

(a) must consult the Chief Counting Officer before making a certification under

subsection (2)(b), and

(b) must not make the certification or any public announcement of the result of the

count until authorised to do so by the Chief Counting Officer. 35

(4) The Chief Counting Officer must, for the whole of Scotland, certify—

(a) the total number of ballot papers counted,

(b) the total number of votes cast in favour of each answer to the referendum

question, and

(c) the total number of rejected ballot papers. 40

Page 6: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

4 Scottish Independence Referendum Bill

(5) A counting officer must give the Chief Counting Officer any information which the

Chief Counting Officer requires for the carrying out of the Chief Counting Officer’s

functions.

(6) A counting officer must carry out the counting officer’s functions under this Act in

accordance with any directions given by the Chief Counting Officer. 5

(7) The Chief Counting Officer must not impose a requirement or give a direction that is

inconsistent with this Act.

(8) The Chief Counting Officer may—

(a) appoint such staff,

(b) require a council to provide, or ensure the provision of, such property, staff and 10

services,

as may be required by the Chief Counting Officer for the carrying out of the Chief

Counting Officer’s functions.

(9) The council for the local government area for which a counting officer is appointed must

provide, or ensure the provision of, such property, staff and services as may be required 15

by the counting officer for the carrying out of the counting officer’s functions.

7 Correction of procedural errors

(1) The Chief Counting Officer or a counting officer may take such steps as the officer

thinks appropriate to remedy any act or omission on the officer’s part, or on the part of a

relevant person, which— 20

(a) arises in connection with any function the Chief Counting Officer, counting

officer or relevant person (as the case may be) has in relation to the referendum,

and

(b) is not in accordance with the requirements of this Act relating to the conduct of

the referendum. 25

(2) But the Chief Counting Officer or a counting officer may not under subsection (1) re-

count the votes cast in the referendum after the result has been declared.

(3) For the purposes of subsection (1), each of the following is a relevant person—

(a) in relation to the Chief Counting Officer, a counting officer,

(b) a registration officer, 30

(c) a presiding officer,

(d) a person providing goods or services to the counting officer,

(e) a deputy of any registration officer or presiding officer,

(f) a person appointed to assist or, in the course of the person’s employment, assisting

any person mentioned in paragraphs (b) to (d) in connection with any function that 35

person has in relation to the referendum.

(4) The Chief Counting Officer or a counting officer does not commit an offence under

paragraph 5 of schedule 7 by virtue of an act or omission in breach of the officer’s

official duty if the officer remedies that act or omission in full by taking steps under

subsection (1). 40

(5) Subsection (4) does not affect any conviction, or any penalty imposed, before the date

on which the act or omission is remedied in full.

Page 7: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 5

8 Expenses of counting officers

(1) The Chief Counting Officer is entitled to recover from the Scottish Ministers charges

for, and any expenses incurred in connection with, the exercise by the Chief Counting

Officer of functions under this Act.

(2) A counting officer is entitled to recover from the Scottish Ministers charges for, and any 5

expenses incurred in connection with, the exercise by the counting officer of functions

under this Act.

(3) The amount of charges and expenses recoverable under this section is not to exceed such

maximum amount as is specified in, or determined under, an order made by the Scottish

Ministers. 10

(4) An order under subsection (3)—

(a) may make different provision for different functions, cases or areas,

(b) may include incidental and supplementary provision.

(5) If the Chief Counting Officer or a counting officer requests from the Scottish Ministers

an advance on account of any charges or expenses recoverable by the officer from the 15

Scottish Ministers under this section, the Scottish Ministers may make such advance on

such terms as they think fit.

9 Conduct rules

Schedule 3 makes provision about the conduct of the referendum.

Campaign 20

10 Campaign rules

Schedule 4 makes provision about the conduct of campaigning in the referendum,

including provision—

(a) limiting the amount of expenses that can be incurred by those campaigning in the

referendum, 25

(b) restricting the publication of certain material,

(c) controlling donations, and the provision of loans and credit, to those campaigning

in the referendum.

11 Monitoring and securing compliance with the campaign rules

(1) The Electoral Commission must— 30

(a) monitor compliance with the restrictions and other requirements imposed by

schedule 4, and

(b) take such steps as they consider appropriate with a view to securing compliance

with those restrictions and requirements.

(2) The Electoral Commission may prepare and publish guidance setting out, in relation to 35

any restriction or requirement imposed by schedule 4, their opinion on any of the

following matters—

(a) what it is necessary, or is sufficient, to do (or avoid doing) in order to comply with

the restriction or requirement,

Page 8: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

6 Scottish Independence Referendum Bill

(b) what it is desirable to do (or avoid doing) in view of the purpose of the restriction

or requirement.

(3) Subsection (2) does not affect the generality of section 22(3).

(4) Schedule 5 makes provision about the investigatory powers of the Electoral Commission

for the purpose of subsection (1). 5

(5) Schedule 6 makes provision for civil sanctions in relation to—

(a) the commission of campaign offences,

(b) the contravention of restrictions or other requirements imposed by schedule 4.

(6) In this section—

―contravention‖ includes a failure to comply, 10

―restriction‖ includes a prohibition.

12 Inspection of Electoral Commission’s registers etc.

(1) This section applies to any register kept by the Electoral Commission under paragraph 4

of schedule 4.

(2) The Commission must make a copy of the register available for public inspection during 15

ordinary office hours, either at the Commission’s offices or at some convenient place

appointed by them.

(3) The Commission may make other arrangements for members of the public to have

access to the contents of the register.

(4) If requested to do so by any person, the Commission must supply the person with a copy 20

of the register or any part of it.

(5) The Commission may charge such reasonable fee as they may determine in respect of—

(a) any inspection or access allowed under subsection (2) or (3), or

(b) any copy supplied under subsection (4).

(6) Subsections (2) to (5) apply in relation to any document a copy of which the 25

Commission are for the time being required to make available for public inspection by

virtue of paragraph 24 of schedule 4 as they apply in relation to any register falling

within subsection (1).

(7) Where any register falling within subsection (1) or any document falling within

subsection (6) is held by the Commission in electronic form, any copy— 30

(a) made available for public inspection under subsection (2), or

(b) supplied under subsection (4),

must be made available, or (as the case may be) supplied, in a legible form.

13 Campaign rules: general offences

(1) A person commits an offence if— 35

(a) the person—

(i) alters, suppresses, conceals or destroys any document to which this

subsection applies, or

Page 9: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 7

(ii) causes or permits the alteration, suppression, concealment or destruction of

any such document, and

(b) the person does so with the intention of falsifying the document or enabling any

person to evade any of the provisions of schedules 4 to 6.

(2) Subsection (1) applies to any book, record or other document which is or is liable to be 5

required to be produced for inspection under paragraph 1 or 3 of schedule 5.

(3) Subsection (4) applies where the relevant person in the case of a supervised

organisation, or a person acting on behalf of the relevant person, requests a person

holding an office in any such organisation (―the office-holder‖) to supply the relevant

person with any information which the relevant person reasonably requires for the 10

purposes of any of the provisions of schedules 4 to 6.

(4) The office-holder commits an offence if—

(a) without reasonable excuse, the office-holder fails to supply the relevant person

with that information as soon as is reasonably practicable, or

(b) in purporting to comply with the request, the office-holder knowingly supplies the 15

relevant person with any information which is false in a material particular.

(5) A person commits an offence if, with intent to deceive, the person withholds—

(a) from the relevant person in the case of a supervised organisation, or

(b) from a supervised individual,

any information required by the relevant person or that individual for the purposes of 20

any of the provisions of schedules 4 to 6.

(6) In subsections (1) to (5) any reference to a supervised organisation or individual

includes a reference to a former supervised organisation or individual.

(7) A person who commits an offence under subsection (1), (4)(b) or (5) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or 25

to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months

or to a fine (or both).

(8) A person who commits an offence under subsection (4)(a) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale. 30

(9) In this section—

―supervised individual‖ means an individual who is a permitted participant,

―supervised organisation‖ means a permitted participant other than an individual,

―relevant person‖ means a person who is (or has been), in relation to a permitted

participant, the responsible person for the purposes of this Act. 35

14 Campaign offences: summary proceedings

(1) Summary proceedings for a campaign offence may, without prejudice to any jurisdiction

exercisable apart from this subsection, be taken—

(a) against any body, including an unincorporated association, at any place at which it

has a place of business, and 40

(b) against an individual at any place at which the individual is for the time being.

Page 10: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

8 Scottish Independence Referendum Bill

(2) Despite anything in section 136 of the Criminal Procedure (Scotland) Act 1995 (time

limit for certain offences), summary proceedings for a campaign offence may be

commenced at any time within 3 years after the commission of the offence and within 6

months after the relevant date; and subsection (3) of that section applies for the purposes

of this subsection as it applies for the purposes of that section. 5

(3) In this section ―the relevant date‖ means the date on which evidence sufficient in the

opinion of the prosecutor to justify proceedings comes to the prosecutor’s knowledge.

(4) For the purposes of subsection (3) a certificate of any prosecutor as to the date on which

such evidence as is there mentioned came to the prosecutor’s knowledge is conclusive

evidence of that fact. 10

15 Duty of court to report convictions to the Electoral Commission

The court by or before which a person is convicted of a campaign offence must notify

the Electoral Commission of the conviction as soon as is practicable.

Referendum agents

16 Referendum agents 15

(1) A permitted participant may, for any local government area, appoint an individual (who

may be the responsible person) to be the permitted participant’s agent (―referendum

agent‖).

(2) If a permitted participant appoints a referendum agent for a local government area, the

responsible person must give the counting officer for that area notification of the name 20

and address of—

(a) the permitted participant, and

(b) the referendum agent.

(3) The notification must be—

(a) in writing, 25

(b) signed by the responsible person, and

(c) given before noon on the twenty-fifth day before the date of the referendum.

(4) For the purpose of subsection (3)(c), the following days are to be disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve or Christmas Day, 30

(c) a day which is a bank holiday in Scotland under the Banking and Financial

Dealings Act 1971.

(5) The duties imposed on a responsible person by this section may be discharged by any

person authorised in writing by the responsible person.

(6) A counting officer who receives a notification under subsection (2) must, as soon as 35

practicable, publish notice of—

(a) the name of the permitted participant, and

(b) the name and address of the referendum agent.

(7) If—

Page 11: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 9

(a) a permitted participant revokes the appointment of a referendum agent or a

referendum agent dies, and

(b) the permitted participant has notified the counting officer of the appointment of a

polling or counting agent under rule 14 of the conduct rules,

the permitted participant must, as soon as practicable, appoint another referendum agent 5

under subsection (1).

(8) The notification under subsection (2) must be made as soon as practicable after the

appointment of the new referendum agent (and subsection (3)(c) does not apply to that

notification).

Observers 10

17 Attendance of Electoral Commission at proceedings and observation of working

practices

(1) A representative of the Electoral Commission may attend proceedings relating to the

referendum that are the responsibility of—

(a) the Chief Counting Officer, or 15

(b) a counting officer.

(2) The right conferred by subsection (1) is subject to any other provision of this Act which

regulates attendance at the proceedings in question.

(3) A representative of the Electoral Commission may observe the working practices of

each of the following in carrying out functions under this Act— 20

(a) a registration officer,

(b) the Chief Counting Officer,

(c) a counting officer,

(d) any person acting under the direction of a person mentioned in paragraphs (a) to

(c). 25

(4) In this section, ―representative of the Electoral Commission‖ means any of the

following—

(a) a member of the Electoral Commission,

(b) a member of staff of the Electoral Commission,

(c) a person appointed by the Electoral Commission for the purposes of this section. 30

18 Accredited observers: individuals

(1) A person who is aged 16 or over may apply to the Electoral Commission to be an

accredited observer at any of the following proceedings relating to the referendum—

(a) proceedings at the issue or receipt of postal ballot papers,

(b) proceedings at the poll, 35

(c) proceedings at the counting of votes.

(2) If the Commission grant the application, the accredited observer may attend the

proceedings in question.

Page 12: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

10 Scottish Independence Referendum Bill

(3) An application under subsection (1) must be made in the manner specified by the

Commission.

(4) The Commission may at any time revoke the grant of an application under subsection

(1).

(5) If the Commission— 5

(a) refuse an application under subsection (1), or

(b) revoke the grant of any such application,

they must give their decision in writing and must, when doing so, give reasons for the

refusal or revocation.

(6) The right conferred on an accredited observer by this section is subject to any provision 10

of this Act which regulates attendance at the proceedings in question.

19 Accredited observers: organisations

(1) An organisation may apply to the Electoral Commission to be accredited for the purpose

of nominating observers at any of the following proceedings relating to the

referendum— 15

(a) proceedings at the issue or receipt of postal ballot papers,

(b) proceedings at the poll,

(c) proceedings at the counting of votes.

(2) If the Commission grant the application the organisation may nominate members who

may attend the proceedings in question. 20

(3) The Commission, in granting the application, may specify a limit on the number of

observers nominated by the organisation who may attend, at the same time, specified

proceedings by virtue of this section.

(4) An application under subsection (1) must be made in the manner specified by the

Commission. 25

(5) The Commission may at any time revoke the grant of an application under subsection

(1).

(6) If the Commission—

(a) refuse an application under subsection (1), or

(b) revoke the grant of any such application, 30

they must give their decision in writing and must, when doing so, give reasons for the

refusal or revocation.

(7) The right conferred by this section is subject to any provision of this Act which

regulates attendance at the proceedings in question.

20 Attendance and conduct of accredited observers 35

(1) A relevant officer may limit the number of persons who may be present at any

proceedings at the same time by virtue of section 18 or 19.

(2) If a person who is entitled to attend any proceedings by virtue of section 18 or 19

commits misconduct while attending the proceedings, the relevant officer may cancel

the person’s entitlement. 40

Page 13: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 11

(3) Subsection (2) does not affect any power that a relevant officer has by virtue of any

enactment or rule of law to remove a person from any place.

(4) A relevant officer is—

(a) in the case of proceedings at a polling station, the presiding officer,

(b) in the case of any other proceedings at a referendum, the Chief Counting Officer 5

or a counting officer,

(c) any other person authorised by a person mentioned in paragraph (a) or (b) for the

purposes of the proceedings mentioned in that paragraph.

Information, guidance and advice

21 Information for voters 10

The Electoral Commission must take such steps as they consider appropriate to promote

public awareness and understanding in Scotland about—

(a) the referendum,

(b) the referendum question, and

(c) voting in the referendum. 15

22 Guidance

(1) The Electoral Commission may issue guidance to the Chief Counting Officer about the

exercise of the Chief Counting Officer’s functions under this Act.

(2) The Electoral Commission may, with the consent of the Chief Counting Officer, issue

guidance to counting officers about the exercise of their functions under this Act. 20

(3) The Electoral Commission may issue guidance to permitted participants and persons

who may become permitted participants about the provisions set out in schedule 4 to this

Act.

23 Advice

The Electoral Commission may, if asked to do so by any person, provide the person 25

with advice about—

(a) the application of this Act,

(b) any other matter relating to the referendum.

Report on referendum

24 Report on the conduct of the referendum 30

(1) As soon as reasonably practicable after the referendum, the Electoral Commission must

prepare and lay before the Scottish Parliament a report on the conduct of the

referendum.

(2) The report must include a summary of—

(a) how the Commission have carried out their functions under this Act, 35

(b) the expenditure incurred by the Commission in carrying out those functions.

Page 14: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

12 Scottish Independence Referendum Bill

(3) The Chief Counting Officer must provide the Commission with such information as they

may require for the purposes of the report.

(4) On laying the report, the Commission must publish the report in such manner as they

may determine.

(5) In the 2000 Act, in Schedule 1, in paragraph 20(1) (report on Electoral Commission’s 5

functions), the reference to the Commission’s functions does not include a reference to

the Commission’s functions under this Act.

Electoral Commission: administrative provision

25 Reimbursement of Commission’s costs

(1) The SPCB must reimburse the Electoral Commission for any expenditure incurred by 10

the Commission that is attributable to the carrying out of the Commission’s functions

under this Act.

(2) In the 2000 Act, in Schedule 1, paragraph 14(1) (financing of the Electoral Commission)

has effect as if paragraph (a) included a reference to expenditure reimbursed under

subsection (1) of this section. 15

26 Estimates of expenditure

(1) The Electoral Commission must, before the start of each financial year—

(a) prepare an estimate of the Commission’s expenditure for the year that is

attributable to the carrying out of their functions under this Act, and

(b) send the estimate to the SPCB for approval. 20

(2) The Commission may, in the course of a financial year, prepare a revised estimate for

the remainder of the year and send it to the SPCB for approval.

(3) The period from the commencement of this Act until the following 31 March is treated,

for the purposes of this section, as the first financial year.

(4) Subsection (1) has effect in relation to the first financial year as if the reference to the 25

start of the financial year were a reference to the end of the period of one month

beginning with the date of the commencement of this Act.

(5) In the 2000 Act, in Schedule 1, paragraph 14(2) (Commission to prepare estimates of

income and expenditure) does not apply in relation to income and expenditure of the

Commission that is attributable to the exercise of their functions under this Act. 30

27 Maladministration

In the Scottish Public Services Ombudsman Act 2002, in section 7 (restrictions on

investigations), subsection (6D) does not prevent the investigation under that Act of

action taken by or on behalf of the Electoral Commission in the exercise of the

Commission’s functions under this Act. 35

Offences

28 Offences

Schedule 7 makes provision about offences in or in connection with the referendum.

Page 15: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 13

29 Offences by bodies corporate etc.

(1) Subsection (2) applies where—

(a) an offence under this Act has been committed by—

(i) a body corporate,

(ii) a Scottish partnership, or 5

(iii) an unincorporated association other than a Scottish partnership, and

(b) it is proved that the offence was committed with the consent or connivance of, or

was attributable to neglect on the part of—

(i) a relevant individual, or

(ii) an individual purporting to act in the capacity of a relevant individual. 10

(2) The individual (as well as the body corporate, partnership or (as the case may be)

association) commits the offence and is liable to be proceeded against and punished

accordingly.

(3) In subsection (1), ―relevant individual‖ means—

(a) in relation to a body corporate (other than a limited liability partnership)— 15

(i) a director, manager, secretary or other similar officer of the body,

(ii) where the affairs of the body are managed by its members, a member,

(b) in relation to a limited liability partnership, a member,

(c) in relation to a Scottish partnership, a partner,

(d) in relation to an unincorporated association other than a Scottish partnership, a 20

person who is concerned in the management or control of the association.

Power to make supplementary etc. provision and modifications

30 Power to make supplementary etc. provision and modifications

(1) The Scottish Ministers may by order make such supplementary, incidental or

consequential provision as they consider appropriate for the purposes of, in consequence 25

of, or for giving full effect to, any provision of this Act.

(2) The power in subsection (1) includes power to make provision in consequence of, or in

connection with, any modification or proposed modification, of any enactment relating

to—

(a) the conduct of any referendum or campaigning in any referendum, 30

(b) the conduct of elections or campaigning in elections.

(3) An order under subsection (1) may—

(a) modify any enactment (including this Act),

(b) apply any provision of any enactment (either with or without modifications),

(c) include supplementary, incidental, consequential, transitory or transitional 35

provision or savings.

(4) An order under subsection (1) is subject to the affirmative procedure.

Page 16: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

14 Scottish Independence Referendum Bill

Legal proceedings

31 Restriction on legal challenge to referendum result

(1) No court may entertain any proceedings for questioning the number of ballot papers

counted or votes cast as certified by a counting officer or by the Chief Counting Officer

under section 6(2)(b) or (as the case may be) (4) unless— 5

(a) the proceedings are brought by way of a petition for judicial review, and

(b) the petition is lodged before the end of the permitted period.

(2) In subsection (1)(b) ―the permitted period‖ means the period of 6 weeks beginning

with—

(a) the day on which the officer in question makes the certification as to the number 10

of ballot papers counted and votes cast in the referendum, or

(b) if the officer makes more than one such certification, the day on which the last is

made.

(3) In subsection (1), references to a petition for judicial review are references to an

application to the supervisory jurisdiction of the Court of Session. 15

Final provisions

32 Interpretation

Schedule 8 provides definitions for words and expressions used in this Act.

33 Commencement

This Act comes into force on the day after Royal Assent. 20

34 Short title

The short title of this Act is the Scottish Independence Referendum Act 2013.

Page 17: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 15

Schedule 1—Form of ballot paper

SCHEDULE 1

(introduced by section 1(3))

FORM OF BALLOT PAPER

Front of ballot paper

5

BALLOT PAPER

Vote (X) ONLY ONCE

Should Scotland be an independent country?

YES

NO

Back of ballot paper 10

[Unique identifying number]

[Official mark]

Area of [insert council name].

Referendum on 18 September 2014.

Directions as to printing the ballot paper 15

1 Nothing is to be printed on the ballot paper except as set out in this schedule.

2 So far as practicable, the instructions specified in paragraphs 3 to 6 must be observed in

printing the ballot paper.

3 Words printed on the ballot paper must be printed—

(a) in a sans serif font (for example, Arial), and 20

(b) in characters of at least 14 point size.

4 The direction to ―VOTE (X) ONLY ONCE‖ and the ―YES‖ and ―NO‖ options must be

printed in bold capital letters.

Page 18: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

16 Scottish Independence Referendum Bill

Schedule 2—Further provision about voting in the referendum

Part 1—Manner of voting

5 The ballot paper must be at least 180mm wide.

6 The voting boxes where the vote is to be marked must each be 21mm square.

SCHEDULE 2

(introduced by section 3)

FURTHER PROVISION ABOUT VOTING IN THE REFERENDUM 5

PART 1

MANNER OF VOTING

Manner of voting

1 (1) This paragraph applies to determine the manner of voting of a voter.

(2) A voter may vote in person at the polling station allotted to the voter under rule 9(1)(b) 10

of the conduct rules unless the voter is entitled to an absent vote in the referendum.

(3) A voter may vote by post if the voter is entitled to vote by post in the referendum.

(4) If a voter is entitled to vote by proxy in the referendum, the voter may so vote unless,

before a ballot paper is issued for the voter to vote by proxy, the voter applies at the

polling station allotted to the voter under rule 9(1)(b) of the conduct rules for a ballot 15

paper for the purpose of voting in person, in which case the voter may vote in person

there.

(5) If a voter—

(a) is not entitled to an absent vote in the referendum, and

(b) cannot reasonably be expected to go in person to the polling station allotted to the 20

voter under rule 9(1)(b) of the conduct rules because of the particular

circumstances of the voter’s employment, either as a constable or by the counting

officer, on the date of the referendum for a purpose connected with the

referendum,

the voter may vote in person at any polling station in the local government area in which 25

the polling station allotted to the voter is situated.

(6) Nothing in the preceding provisions of this paragraph applies to—

(a) a voter to whom section 7 of the 1983 Act (mental patients who are not detained

offenders) applies and who is liable, by virtue of any enactment, to be detained in

the mental hospital in question, whether the voter is registered by virtue of that 30

provision or not, and such a voter may vote—

(i) in person at the polling station allotted to the voter under rule 9(1)(b) of the

conduct rules (if granted permission to be absent from the hospital and

voting in person does not breach any condition attached to the permission),

or 35

(ii) by post or by proxy (if entitled so to vote in the referendum), or

(b) a voter to whom section 7A of that Act (person remanded in custody) applies,

whether the voter is registered by virtue of that provision or not, and such a voter

may only vote by post or by proxy (if entitled so to vote in the referendum).

Page 19: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 17

Schedule 2—Further provision about voting in the referendum

Part 1—Manner of voting

(7) Sub-paragraph (2) does not prevent a voter, at the polling station allotted to the voter

under rule 9(1)(b) of the conduct rules, marking a tendered ballot paper in pursuance of

rule 24 of those rules.

(8) For the purposes of this Act—

(a) references to a voter being entitled to an absent vote in the referendum are 5

references to the voter being entitled to vote by post or by proxy in the

referendum, and

(b) a voter is entitled to vote—

(i) by post in the referendum if the voter is shown in the postal voters list (see

paragraph 4(2)) for the referendum as so entitled, 10

(ii) by proxy in the referendum if the voter is shown in the list of proxies (see

paragraph 4(3)) for the referendum as so entitled.

Existing absent voters

2 (1) A person is taken to have been granted a vote by post in the referendum if, at the cut-off

date, the person is— 15

(a) shown in the record maintained under paragraph 3(4) of Schedule 4 to the

Representation of the People Act 2000 as voting by post at local government

elections for an indefinite period or for a period which extends beyond the date of

the referendum, or

(b) shown in the record maintained under article 8(4) of the Scottish Parliament 20

(Elections etc.) Order 2010 (SI 2010/2999) as voting by post at Scottish

parliamentary elections for an indefinite period or for a period which extends

beyond the date of the referendum.

(2) Such a person is referred to in this schedule as an ―existing postal voter‖.

(3) A person is taken to have been granted a vote by proxy in the referendum if, at the cut-25

off date, the person is—

(a) shown in the record maintained under paragraph 3(4) of Schedule 4 to the

Representation of the People Act 2000 as voting by proxy at local government

elections for an indefinite period or for a period which extends beyond the date of

the referendum, or 30

(b) shown in the record maintained under article 8(4) of the Scottish Parliament

(Elections etc.) Order 2010 (SI 2010/2999) as voting by proxy at Scottish

parliamentary elections for an indefinite period or for a period which extends

beyond the date of the referendum.

(4) Such a person is referred to in this schedule as an ―existing proxy voter‖. 35

(5) Sub-paragraph (1) does not apply to a person if the person is granted a vote by proxy by

virtue of an application under paragraph 3.

(6) Sub-paragraph (3) does not apply to a person if the person is granted a vote by post by

virtue of an application under paragraph 3.

Page 20: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

18 Scottish Independence Referendum Bill

Schedule 2—Further provision about voting in the referendum

Part 1—Manner of voting

Applications for absent vote

3 (1) Where a person applies to the registration officer to vote by post in the referendum, the

registration officer must grant the application if—

(a) the registration officer is satisfied that the applicant is registered in the register of

electors maintained by the officer or will be registered in that register on the date 5

of the referendum, and

(b) the application meets the requirements set out in paragraph 7.

(2) Where a person applies to the registration officer to vote by proxy at the referendum, the

registration officer must grant the application if—

(a) the registration officer is satisfied that the applicant’s circumstances on the date of 10

the referendum will be or are likely to be such that the applicant cannot

reasonably be expected to vote in person at the polling station allotted, or likely to

be allotted, to the applicant under rule 9(1)(b) of the conduct rules,

(b) the registration officer is satisfied that the applicant is registered in the register of

electors maintained by the officer or will be registered in that register on the date 15

of the referendum, and

(c) the application meets the requirements set out in paragraph 7.

(3) Where a person who has an anonymous entry in the register of electors maintained by a

registration officer applies to the registration officer to vote by proxy in the referendum,

the registration officer must grant the application if it meets the requirements set out in 20

paragraph 7.

(4) Sub-paragraphs (1) and (2) do not apply to a person who is an existing postal voter or an

existing proxy voter.

(5) If an existing postal voter applies to the appropriate registration officer for the person’s

ballot paper to be sent to a different address from that shown in the record referred to in 25

paragraph 2(1) in relation to that existing postal voter, the registration officer must grant

the application if it meets the requirements set out in paragraph 7.

(6) If an existing postal voter applies to the appropriate registration officer to vote by proxy

in the referendum, the registration officer must grant the application if—

(a) the registration officer is satisfied that the applicant’s circumstances on the date of 30

the referendum will be or are likely to be such that the person cannot reasonably

be expected to vote in person at the polling station allotted or likely to be allotted

to the person under rule 9(1)(b) of the conduct rules, and

(b) the application meets the requirements set out in paragraph 7.

(7) If an existing proxy voter applies to the appropriate registration officer to vote by post in 35

the referendum, the registration officer must grant the application if it meets the

requirements set out in paragraph 7.

(8) In sub-paragraphs (5) to (7), ―appropriate registration officer‖ means, in relation to an

existing postal voter or an existing proxy voter, the registration officer responsible for

keeping the record mentioned in paragraph 2(1) or (3) by virtue of which the person is 40

such a voter.

Page 21: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 19

Schedule 2—Further provision about voting in the referendum

Part 1—Manner of voting

Absent voters lists

4 (1) Each registration officer must keep the 2 lists mentioned in sub-paragraphs (2) and (3).

(2) The first list (the ―postal voters list‖) is a list of—

(a) those who are existing postal voters by reason of an entry in a record mentioned in

paragraph 2(1) kept by the registration officer, together with the addresses— 5

(i) shown in the record mentioned in that paragraph, or

(ii) provided in any application by them under paragraph 3(5),

as the addresses to which their ballot papers are to be sent, and

(b) those granted a vote by post in the referendum by the registration officer by virtue

of an application under paragraph 3 together with the addresses provided by them 10

in their applications as the addresses to which their ballot papers are to be sent.

(3) The second list (the ―list of proxies‖) is a list of—

(a) those who are existing proxy voters by reason of an entry in a record mentioned in

paragraph 2(3) kept by the registration officer, and

(b) those granted a vote by proxy in the referendum by the registration officer by 15

virtue of an application under paragraph 3,

together (in each case) with the names and addresses of those appointed as their proxies.

(4) In the case of a person who has an anonymous entry in the register of electors, any entry

in the postal voters list or list of proxies must show in relation to the person only the

person’s voter number. 20

(5) Where a person is removed from the postal voters list or the list of proxies, the

registration officer must, where practicable, notify the person of the removal and the

reason for it.

Proxies

5 (1) Subject to the provisions of this paragraph, any person is capable of being appointed as 25

proxy to vote for another in the referendum and may vote in pursuance of the

appointment.

(2) A person (―A‖) cannot have more than one person at a time appointed as proxy to vote

for A in the referendum.

(3) A person is not capable of being appointed to vote, or of voting, as proxy at the 30

referendum—

(a) if the person is subject to any legal incapacity (age apart) to vote in the

referendum, or

(b) if the person is not a Commonwealth citizen, a citizen of the Republic of Ireland

or a relevant citizen of the European Union. 35

(4) A person is not capable of voting as a proxy in the referendum unless, on the date of the

referendum, the person is of voting age.

(5) A person is not entitled to vote as proxy in the referendum on behalf of more than 2

others of whom that person is not the spouse, civil partner, parent, grandparent, brother,

sister, child or grandchild. 40

Page 22: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

20 Scottish Independence Referendum Bill

Schedule 2—Further provision about voting in the referendum

Part 1—Manner of voting

(6) If there is an existing proxy for an existing proxy voter, the existing proxy is taken to

have been appointed as proxy to vote for the existing proxy voter in the referendum.

(7) In sub-paragraph (6), ―existing proxy‖ means, in relation to an existing proxy voter—

(a) a person appointed under paragraph 6(7) of Schedule 4 to the Representation of

the People Act 2000 as proxy to vote for the existing proxy voter at local 5

government elections, or

(b) if there is no such person, a person appointed under article 10(6) of the Scottish

Parliament (Elections etc.) Order 2010 (SI 2010/2999) as proxy to vote for the

existing proxy voter at Scottish parliamentary elections.

(8) Where a person applies to the registration officer for the appointment of a proxy to vote 10

for the person in the referendum, the registration officer must make the appointment if—

(a) the registration officer is satisfied that the applicant is or will be—

(i) registered in the register of electors maintained by the officer, and

(ii) entitled to vote by proxy in the referendum by virtue of paragraph 2(3) or

an application under paragraph 3, 15

(b) the registration officer is satisfied that the proxy is capable of being and willing to

be appointed, and

(c) the application meets the requirements in paragraph 7.

(9) The appointment of a proxy under this paragraph is to be made by means of a proxy

paper issued by the registration officer. 20

(10) The appointment of a proxy to vote for a person (―A‖) in the referendum—

(a) may be cancelled by A by giving notice to the registration officer, and

(b) ceases to have effect on the issue of a proxy paper appointing a different person to

vote for A in the referendum.

Voting as proxy 25

6 (1) A person entitled to vote as proxy for another (―A‖) in the referendum may do so in

person at the polling station allotted to A under rule 9(1)(b) of the conduct rules unless

the person is entitled to vote by post as proxy in the referendum, in which case the

person may vote by post.

(2) Where a person is entitled to vote by post as proxy for another (―A‖) in the referendum, 30

A may not apply for a ballot paper for the purpose of voting in person at the referendum.

(3) For the purposes of this schedule, a person entitled to vote as proxy for another in the

referendum is entitled so to vote by post if the person is included in the proxy postal

voters list (see sub-paragraph (7)).

(4) An existing proxy is taken to have been granted a vote by post as proxy if the existing 35

proxy is, at the cut-off date—

(a) shown in the record kept under paragraph 7(6) of Schedule 4 to the Representation

of the People Act 2000 as voting by post as proxy at local government elections

for an indefinite period or for a period which extends beyond the date of the

referendum, or 40

Page 23: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 21

Schedule 2—Further provision about voting in the referendum

Part 1—Manner of voting

(b) shown in the record kept under article 8(4) of the Scottish Parliament (Elections

etc.) Order 2010 (SI 2010/2999) as voting by post as proxy at Scottish

parliamentary elections for an indefinite period or for a period which extends

beyond the date of the referendum.

(5) In sub-paragraph (4), ―existing proxy‖ means a person who is taken to have been 5

appointed as proxy by virtue of paragraph 5(6).

(6) Where a person applies to the registration officer to vote by post as proxy for another

(―A‖) in the referendum, the registration officer must grant the application if—

(a) the registration officer is satisfied that A is registered in the register of electors

maintained by the officer or will be registered in that register on the date of the 10

referendum,

(b) there is in force an appointment of the applicant as A’s proxy to vote for A in the

referendum, and

(c) the application meets the requirements in paragraph 7.

(7) The registration officer must keep a special list (the ―proxy postal voters list‖) of— 15

(a) those taken to have been granted a vote by post as proxy by virtue of sub-

paragraph (4) by reason of an entry in a record mentioned in that sub-paragraph

kept by the registration officer, together with the addresses shown in the record as

the addresses to which their ballot papers are to be sent, and

(b) those whose applications under sub-paragraph (6) have been granted by the 20

registration officer, together with the addresses provided by them in their

applications as the addresses to which their ballot papers are to be sent.

(8) Where a person to be included in the proxy postal voters list applies to the registration

officer for the person’s ballot paper to be sent to a different address, the registration

officer must grant the application if it meets the requirements in paragraph 7. 25

(9) In the case of a person who has an anonymous entry in the register of electors, the proxy

postal voters list must contain only the person’s voter number.

(10) The registration officer must keep a record in relation to those whose applications under

sub-paragraph (6) have been granted showing—

(a) their dates of birth, and 30

(b) except in cases where the registration officer in pursuance of paragraph 7(5) (or

other provision to like effect) has dispensed with the requirement to provide a

signature, their signatures.

(11) The registration officer must retain the record kept under sub-paragraph (10) for the

period of one year following the date of the referendum. 35

(12) Sub-paragraph (2) does not prevent a person (―A‖), at the polling station allotted to A

under rule 9(1)(b) of the conduct rules, from marking a tendered ballot paper in

pursuance of rule 24 of those rules.

Requirements as to applications

7 (1) This paragraph applies in relation to applications under paragraph 3, 5(8) or 6(6) or (8). 40

(2) An application must—

Page 24: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

22 Scottish Independence Referendum Bill

Schedule 2—Further provision about voting in the referendum

Part 1—Manner of voting

(a) be made in writing,

(b) state the date on which it is made, and

(c) be made before the cut-off date.

(3) An application to vote by post (including an application to vote by post as a proxy) must

contain— 5

(a) the applicant’s full name and date of birth,

(b) the applicant’s signature, and

(c) the address to which the ballot paper is to be sent.

(4) An application to vote by proxy must contain—

(a) the applicant’s full name and date of birth, 10

(b) the applicant’s signature,

(c) a statement of the reasons why the applicant’s circumstances on the date of the

referendum will be or are likely to be such that the applicant cannot reasonably be

expected to vote in person at the polling station allotted or likely to be allotted to

the applicant under rule 9(1)(b) of the conduct rules, and 15

(d) an application under paragraph 5(8) for the appointment of a proxy.

(5) The registration officer may, in relation to any application to which sub-paragraph (3) or

(4) applies, dispense with the requirement to include the applicant’s signature if the

officer is satisfied that the applicant is unable—

(a) to provide a signature because— 20

(i) of any disability that the applicant has, or

(ii) the applicant is unable to read or write, or

(b) to sign in a consistent and distinctive way because of any such disability or

inability.

(6) For the purposes of sub-paragraphs (3)(a) and (b) and (4)(a) and (b), the applicant’s date 25

of birth and signature must be set out in a manner that is sufficiently clear and

unambiguous as to be capable of electronic scanning and, in particular—

(a) the date of birth must be set out numerically in the sequence day, month, year (for

example, the date 30 July 1965 must be set out 30071965),

(b) the signature— 30

(i) must be written within an area of white, unlined paper no smaller than 5

centimetres by 2 centimetres,

(ii) must not exceed 5 centimetres by 2 centimetres.

(7) An application for the appointment of a proxy must state the full name and address of

the person whom the applicant wishes to appoint as proxy, together with that person’s 35

family relationship, if any, with the applicant and—

(a) if the application is signed only by the applicant, the application must contain a

statement signed by the applicant that the applicant has consulted the person so

named and that that person is capable of being and willing to be appointed to vote

as the applicant’s proxy, or 40

Page 25: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 23

Schedule 2—Further provision about voting in the referendum

Part 1—Manner of voting

(b) if the application is signed also by the person to be appointed as proxy, must

contain a statement by that person that the person is capable of being and willing

to be appointed to vote as the applicant’s proxy.

(8) Sub-paragraph (9) applies in relation to an application to vote by proxy (and an

application under paragraph 5(8) for the appointment of a proxy contained in such an 5

application to vote by proxy)—

(a) made after the cut-off date and on the grounds that the applicant cannot

reasonably be expected to vote in person at the polling station allotted under rule

9(1)(b) of the conduct rules because of a disability suffered after that date, or

(b) by a person to whom paragraph 1(6)(a) applies. 10

(9) Sub-paragraph (2)(c) does not apply in relation to the application and instead the

application must be made before 5pm on the date of the referendum.

(10) Sub-paragraph (11) applies in relation to an application under paragraph 3(5) or 6(8) for

the person’s ballot paper to be sent to a different address.

(11) Subject to sub-paragraph (12), the application must set out why the applicant’s 15

circumstances will be or are likely to be such that the applicant requires the ballot paper

to be sent to that address.

(12) The requirement in sub-paragraph (11) does not apply where an applicant has, or has

applied for, an anonymous entry.

Grant or refusal of applications 20

8 (1) This paragraph applies in relation to applications under paragraph 3, 5(8) or 6(6) or (8).

(2) Where the registration officer grants an application, the officer must notify the applicant.

(3) Where the registration officer refuses an application, the officer must notify the

applicant of the decision and of the reason for it.

(4) Where an application under paragraphs 3(2) and 5(8) is granted, the registration officer 25

must, where practicable, notify the voter of—

(a) the appointment of the proxy, and

(b) the name and address of the proxy.

Forms

9 (1) The registration officer must provide free of charge to any person who satisfies the 30

officer of the person’s intention to use the forms in connection with the referendum as

many forms for use in connection with—

(a) applications to register as a voter at the referendum, and

(b) applications for an absent vote at the referendum,

as appear to the registration officer to be reasonable in the circumstances. 35

(2) The forms provided under sub-paragraph (1) are to be in the form prescribed.

Page 26: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

24 Scottish Independence Referendum Bill

Schedule 2—Further provision about voting in the referendum

Part 2—Registration

Personal identifiers record

10 (1) Each registration officer must keep a record in relation to persons granted applications

to which paragraph 7(3) or (4) applies showing—

(a) their dates of birth, and

(b) except in cases where the officer has under paragraph 7(5) dispensed with the 5

requirement for a signature, their signatures.

(2) The registration officer must, as soon as possible after the cut-off date, either—

(a) provide the relevant counting officer with a copy of the information contained in

the record, or

(b) give the relevant counting officer access to the information. 10

(3) A registration officer may disclose information contained in the record to any other

registration officer if the registration officer disclosing it thinks that to do so would

assist the other registration officer in the carrying out of the other officer’s functions.

(4) A counting officer may disclose information contained in the record to any other person

if the counting officer thinks that to do so would assist the other person in ascertaining 15

whether postal ballot papers have been returned in accordance with rule 30(4) of the

conduct rules.

Marked lists for polling stations

11 To indicate that a voter or a voter’s proxy is entitled to vote by post and is for that

reason not entitled to vote in person, the letter ―A‖ is to be placed against the entry of 20

that voter in any list of voters (or any part of a list) provided for a polling station.

Appeals

12 (1) Where appeal under section 56 of the 1983 Act (registration appeals) is pending when

notice of the referendum is given—

(a) the appeal does not prejudice the operation as respects the referendum of the 25

decision appealed against, and

(b) anything done in pursuance of the decision is as good as if no such appeal had

been brought and is not affected by the decision on the appeal.

(2) Where, as a result of the decision on an appeal under section 56 of the 1983 Act, an

alteration in the register of electors is made which takes effect under section 13(5), 30

13A(2), 13B(3) or (3B) or 13BB(4) or (5) of the 1983 Act on or before the date of the

referendum, sub-paragraph (1) does not apply to the appeal.

PART 2

REGISTRATION

Effect of register 35

13 (1) A person registered in the register of electors or entered in the list of proxies is not to be

excluded from voting in the referendum on any of the grounds set out in sub-paragraph

(2), but this does not affect the person’s liability to any penalty for voting.

Page 27: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 25

Schedule 2—Further provision about voting in the referendum

Part 2—Registration

(2) The grounds referred to in sub-paragraph (1) are—

(a) that the person is not of voting age,

(b) that the person is not or was not at any particular time—

(i) a Commonwealth citizen,

(ii) a citizen of the Republic of Ireland, or 5

(iii) a relevant citizen of the European Union,

(c) that the person is or was at any particular time otherwise subject to any other legal

incapacity to vote in the referendum.

Effect of misdescription

14 No misnomer or inaccurate description of any person or place named— 10

(a) in the register of electors, or

(b) in any list, proxy paper, ballot paper, notice or other document required for the

purposes of this Act,

affects the full operation of the document with respect to that person or place in any case

where the description of the person or place is such as to be commonly understood. 15

Carrying out of registration functions

15 (1) A registration officer must carry out the registration officer’s functions under this Act in

accordance with any directions given by the Chief Counting Officer.

(2) The Chief Counting Officer must not give a direction that is inconsistent with this Act or

any other enactment under which a registration officer exercises functions. 20

(3) Any of the functions of a registration officer under this Act may be carried out by a

deputy for the time being approved by the council which appointed the registration

officer, and the provisions of this Act apply to any such deputy so far as respects any

functions to be carried out by the deputy as they apply to the registration officer.

(4) Each council must assign such officers to assist the registration officer appointed by the 25

council as may be required for carrying out the registration officer’s functions under this

Act.

Alterations in the register of electors

16 (1) An alteration in the register of electors under section 13A(2) (alteration of registers) or

56 (registration appeals) of the 1983 Act which is to take effect after the fifth day before 30

the date of the referendum does not have effect for the purposes of the referendum.

(2) For the purposes of sub-paragraph (1), the following days are to be disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve or Christmas Day,

(c) a day which is a bank holiday in Scotland under the Banking and Financial 35

Dealings Act 1971.

Page 28: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

26 Scottish Independence Referendum Bill

Schedule 2—Further provision about voting in the referendum

Part 2—Registration

(3) Section 13B(2) to (6) of the 1983 Act applies in relation to the referendum as it applies

in relation to an election to which that section applies but as if—

(a) any reference to the appropriate publication date were a reference to the fifth day

before the date of the referendum,

(b) any reference to the date of the poll at such an election were a reference to the 5

date of the referendum,

(c) any reference to the relevant election area were a reference to the area for which

the registration officer acts,

(d) any reference to the prescribed time on the day of the poll were a reference to 9pm

on the date of the referendum, 10

(e) any reference to the issuing of a notice in the prescribed manner were a reference

to the issuing of the notice in such manner and form as the registration officer may

determine.

(4) Section 13BB of the 1983 Act applies in relation to the referendum as it applies in

relation to an election mentioned in subsection (1)(b) of that section but as if— 15

(a) any reference to notice of such an election were a reference to notice of the

referendum,

(b) any reference to the appropriate publication date for such an election were a

reference to the fifth day before the date of the referendum,

(c) any reference to the issuing of a notice in the prescribed manner were a reference 20

to the issuing of the notice in such manner and form as the registration officer may

determine,

(d) subsection (2)(c) were omitted.

Preparation of the Polling List

17 (1) Each registration officer must prepare, in accordance with this paragraph, a list merging 25

all of the entries contained in—

(a) the register of local government electors for the registration officer’s area, and

(b) the register of young voters for that area.

(2) The list is referred to in this Act as the ―Polling List‖.

(3) The entries in the Polling List must be arranged in such a way that it is not possible from 30

reading the List to distinguish between those entries that are drawn from the register of

local government electors, on the one hand, and those drawn from the register of young

voters on the other.

(4) Each entry in the Polling List is to contain the same information as the entry in the

register from which it is drawn, except that any dates of birth are to be omitted. 35

(5) No person to whom this sub-paragraph applies may—

(a) supply to any person a copy of the Polling List, or

(b) disclose any information contained in the List (that is not also contained in the

edited version of the register of local government electors),

otherwise than in accordance with this Act. 40

Page 29: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 27

Schedule 2—Further provision about voting in the referendum

Part 3—Postal voting: issue and receipt of ballot papers

(6) Sub-paragraph (5) applies to—

(a) a registration officer, and

(b) any person appointed to assist a registration officer, or who in the course of the

person’s employment is assigned to assist a registration officer, in the officer’s

registration functions. 5

(7) Nothing in sub-paragraph (5) applies to the supply or disclosure by a person to whom

that sub-paragraph applies to another such person in the connection with the person’s

registration functions for the purposes of the referendum.

(8) The registration officer must ensure that the Polling List is securely destroyed no later

than one year after the date of the referendum, unless otherwise directed by an order of 10

the Court of Session or a sheriff principal.

The cut-off date

18 (1) In this Act, the cut-off date means 5pm on the eleventh day before the date of the

referendum.

(2) For the purpose of ascertaining the cut-off date, the following days are to be 15

disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve or Christmas Day,

(c) a day which is a bank holiday in Scotland under the Banking and Financial

Dealings Act 1971. 20

PART 3

POSTAL VOTING: ISSUE AND RECEIPT OF BALLOT PAPERS

Persons entitled to be present at issue and receipt of postal ballot papers

19 (1) Without prejudice to sections 17 to 19, no person may be present at the proceedings on

the issue of postal ballot papers other than the counting officer and the counting officer’s 25

staff.

(2) Without prejudice to sections 17 to 19, no person may be present at the proceedings on

the receipt of postal ballot papers other than—

(a) the counting officer and the counting officer’s staff,

(b) a referendum agent or any person appointed by a referendum agent to attend in 30

such referendum agent’s place,

(c) any agents appointed under sub-paragraph (3).

(3) Each referendum agent may appoint one or more agents to attend the proceedings on the

receipt of the postal ballot papers (―postal ballot agents‖).

(4) The number of postal ballot agents that may be appointed under sub-paragraph (3)— 35

(a) is to be determined by the counting officer, and

(b) is to be the same for each referendum agent.

Page 30: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

28 Scottish Independence Referendum Bill

Schedule 2—Further provision about voting in the referendum

Part 3—Postal voting: issue and receipt of ballot papers

(5) A referendum agent who appoints postal ballot agents must give the counting officer

notice of the appointment no later than the time fixed for the opening of the postal voters

box.

(6) If a postal ballot agent dies or becomes unable to perform the agent’s functions, the

referendum agent may appoint another agent and must give the counting officer notice 5

of the new appointment as soon as practicable.

(7) A notice under sub-paragraph (5) or (6)—

(a) must be given in writing, and

(b) must give the names and addresses of the persons appointed.

(8) In this Part of this schedule, references to postal ballot agents are to agents appointed 10

under sub-paragraph (3) or (6)—

(a) whose appointments have been duly made and notified, and

(b) who are within the number authorised by the counting officer.

(9) Where in this Part of this schedule anything is required or authorised to be done in the

presence of postal ballot agents, the non-attendance of any agent or agents at the time 15

and place appointed for the purpose does not invalidate the thing (if the thing is

otherwise duly done).

Notification of requirement of secrecy

20 The counting officer must make such arrangements as are reasonably practicable to

ensure that every person attending the proceedings in connection with the issue or 20

receipt of postal ballot papers has been given a copy of sub-paragraphs (6), (8) and (9)

of paragraph 7 of schedule 7.

Time when postal ballot papers are to be issued

21 (1) In the case of a person shown in the postal voters list or the proxy postal voters list, no

postal ballot paper (and postal voting statement) may be issued until after 5pm on the 25

cut-off date.

(2) In the case of any other person, the postal ballot paper (and postal voting statement) is to

be issued by the counting officer as soon as practicable after the application to vote by

post has been granted.

Issue of postal ballot papers 30

22 (1) The number of the voter as stated in the Polling List must be marked on the

corresponding number list, next to the unique identifying number of the ballot paper

issued to that voter.

(2) A mark is to be placed in the postal voters list or the proxy postal voters list against the

number of the voter to denote that a ballot paper has been issued to the voter or the 35

voter’s proxy, but without showing the particular ballot paper issued.

(3) The number of a postal ballot paper must be marked on the postal voting statement sent

with that paper.

Page 31: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 29

Schedule 2—Further provision about voting in the referendum

Part 3—Postal voting: issue and receipt of ballot papers

(4) Subject to sub-paragraph (5), the address to which the postal ballot paper, postal voting

statement and the envelopes referred to in paragraph 24 are to be sent is—

(a) in the case of a voter, the address shown in the postal voters list,

(b) in the case of a proxy, the address shown in the proxy postal voters list.

(5) Where a person has an anonymous entry in the register of electors, the items specified in 5

sub-paragraph (4) are to be sent in an envelope or other form of covering so as not to

disclose to any other person that the person has an anonymous entry to the address to

which postal ballot papers should be sent—

(a) as shown in the record of anonymous entries, or

(b) as given in pursuance of an application made under paragraph 3(1) or (5) or 6(6) 10

or (8).

Refusal to issue postal ballot paper

23 Where a counting officer is satisfied that two or more entries in the postal voters list, or

the proxy postal voters list or in each of those lists relate to the same voter, the counting

officer may not issue more than one ballot paper in respect of that voter. 15

Envelopes

24 (1) The envelope which the counting officer is required by rule 8(1) of the conduct rules to

issue to a postal voter is to be marked with the letter ―B‖.

(2) The counting officer must also issue to a postal voter a smaller envelope which is to be

marked with— 20

(a) the letter ―A‖,

(b) the words ―ballot paper envelope‖, and

(c) the number of the ballot paper.

Sealing up of completed corresponding number lists and security of special lists

25 (1) As soon as practicable after the issue of each batch of postal ballot papers, the counting 25

officer must make up into a packet the completed corresponding number lists for those

ballot papers which have been issued and must seal that packet.

(2) Until the counting officer has sealed the packet as described in paragraph 33(11), the

counting officer must take proper precautions for the security of the marked copy of the

postal voters list and the proxy postal voters list. 30

Payment of postage on postal ballot papers

26 (1) Where ballot papers are posted to postal voters, postage must be prepaid.

(2) Return postage must be prepaid where the address provided by the postal voter for the

receipt of the postal ballot paper is within the United Kingdom.

Page 32: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

30 Scottish Independence Referendum Bill

Schedule 2—Further provision about voting in the referendum

Part 3—Postal voting: issue and receipt of ballot papers

Spoilt postal ballot papers

27 (1) If a postal voter has inadvertently dealt with a postal ballot paper or postal voting

statement in such manner that it cannot be conveniently used as a ballot paper (a ―spoilt

ballot paper‖) or a postal voting statement (a ―spoilt postal voting statement‖) the postal

voter may return the spoilt ballot paper or (as the case may be) the spoilt postal voting 5

statement to the counting officer (either by hand or by post).

(2) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal

voter must also return—

(a) the postal ballot paper or (as the case may be) the postal voting statement

(whether spoilt or not), and 10

(b) the envelopes supplied for their return.

(3) Subject to sub-paragraph (4), on receipt of the documents referred to in sub-paragraphs

(1) and (2), the counting officer must issue another postal ballot paper except where

those documents are received after 5pm on the date of the referendum.

(4) Where the counting officer receives the documents referred to in sub-paragraphs (1) and 15

(2) after 5pm on the day before the date of the referendum, the counting officer may

only issue another postal ballot paper if the postal voter returns the documents by hand.

(5) The following provisions apply in relation to a replacement postal ballot paper under

sub-paragraph (3) as they apply in relation to a ballot paper—

(a) paragraph 22 (except sub-paragraph (2)), 20

(b) paragraphs 24 and 25, and

(c) subject to sub-paragraph (8), paragraph 26.

(6) Any postal ballot paper or postal voting statement (whether spoilt or not) returned in

accordance with sub-paragraphs (1) and (2) must be immediately cancelled.

(7) The counting officer must, as soon as practicable after cancelling those documents, 25

make up those documents in a separate packet and must seal the packet; and if on any

subsequent occasion documents are cancelled as mentioned in sub-paragraph (6), the

sealed packet must be opened and the additional cancelled documents included in it and

the packet must again be made up and sealed.

(8) Where a postal voter applies in person after 5pm on the day before the date of the 30

referendum, the counting officer may only issue a replacement postal ballot paper by

handing it to the postal voter.

(9) The counting officer must enter in a list kept for the purpose (―the list of spoilt postal

ballot papers‖)—

(a) the name and number of the postal voter as stated in the Polling List (or, in the 35

case of a postal voter who has an anonymous entry, that person’s voter number

alone),

(b) the number of the postal ballot paper (or papers) issued under this paragraph, and

(c) where the postal voter whose ballot paper is spoilt is a proxy, the name and

address of the proxy. 40

Page 33: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 31

Schedule 2—Further provision about voting in the referendum

Part 3—Postal voting: issue and receipt of ballot papers

Lost postal ballot papers

28 (1) Where a postal voter claims either to have lost or not to have received—

(a) the postal ballot paper (a ―lost postal ballot paper‖),

(b) the postal voting statement, or

(c) one or more of the envelopes supplied for their return, 5

by the fourth day before the date of the referendum, the postal voter may apply (whether

or not in person) to the counting officer for a replacement ballot paper.

(2) For the purposes of sub-paragraph (1), the following days are to be disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve or Christmas Day, 10

(c) a day which is a bank holiday in Scotland under the Banking and Financial

Dealings Act 1971.

(3) An application under sub-paragraph (1) must include evidence of the postal voter’s

identity.

(4) Where a postal voter exercises the entitlement conferred by sub-paragraph (1), the postal 15

voter must return any of the documents referred to in sub-paragraph (1)(a) to (c) which

the postal voter has received and which have not been lost.

(5) Any postal ballot paper or postal voting statement returned in accordance with sub-

paragraph (4) must be immediately cancelled.

(6) The counting officer must, as soon as practicable after cancelling those documents, 20

make up those documents in a separate packet and must seal the packet; and if on any

subsequent occasion documents are cancelled as mentioned in sub-paragraph (5), the

sealed packet must be opened and the additional cancelled documents included in it and

the packet must again be made up and sealed.

(7) Subject to sub-paragraph (8), where the application referred to in sub-paragraph (1) is 25

received by the counting officer before 5pm on the date of the referendum and the

counting officer—

(a) is satisfied as to the postal voter’s identity, and

(b) has no reason to doubt that the postal voter has either lost or has not received a

document referred to in sub-paragraph (1)(a) to (c), 30

the counting officer may issue another postal ballot paper.

(8) Where the application referred to in sub-paragraph (1) is received by the counting

officer after 5pm on the day before the date of the referendum, the counting officer may

only issue another postal ballot paper if the postal voter applies in person.

(9) The counting officer must enter in a list kept for the purpose (―the list of lost postal 35

ballot papers‖)—

(a) the name and number of the postal voter as stated in the Polling List (or, in the

case of a postal voter who has an anonymous entry, that person’s voter number

alone),

(b) the number of the lost postal ballot paper and of its replacement issued under this 40

paragraph, and

Page 34: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

32 Scottish Independence Referendum Bill

Schedule 2—Further provision about voting in the referendum

Part 3—Postal voting: issue and receipt of ballot papers

(c) where the postal voter is a proxy, the name and address of the proxy.

(10) The following provisions apply in relation to a replacement postal ballot paper under

sub-paragraph (7) as they apply in relation to a ballot paper—

(a) paragraph 22 (except sub-paragraph (2)),

(b) paragraphs 24 and 25, and 5

(c) subject to sub-paragraph (11), paragraph 26.

(11) Where a postal voter applies in person after 5pm on the day before the date of the

referendum, the counting officer may only issue a replacement postal ballot paper by

handing it to the postal voter.

(12) Where the counting officer issues another postal ballot paper under sub-paragraph (7), 10

the lost postal ballot paper is void and of no effect.

Notice of opening of postal ballot paper envelopes

29 (1) The counting officer must give to each referendum agent not less than 48 hours’ notice

in writing of each occasion on which a postal voters’ box and the envelopes contained in

it are to be opened. 15

(2) That notice must specify—

(a) the time and place at which such an opening is to take place, and

(b) the number of postal ballot agents that may be appointed to attend each opening.

Boxes and receptacles

30 (1) The counting officer must provide a separate box for the reception of— 20

(a) the covering envelopes when returned by the postal voters, and

(b) postal ballot papers.

(2) Each such box must be marked ―postal voters box‖ or ―postal ballot box‖ (as the case

may be) and with the name of the local government area.

(3) The postal ballot box must be shown as being empty to any postal ballot agents present 25

on the occasion of opening the first postal voters box.

(4) The counting officer must then—

(a) lock the postal ballot box,

(b) apply the counting officer’s seal in such manner as to prevent the box being

opened without breaking the seal, and 30

(c) allow any postal ballot agent present who wishes to affix the agent’s seal to do so.

(5) The counting officer must provide separate receptacles for—

(a) rejected votes,

(b) postal voting statements,

(c) ballot paper envelopes, 35

(d) rejected ballot paper envelopes,

Page 35: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 33

Schedule 2—Further provision about voting in the referendum

Part 3—Postal voting: issue and receipt of ballot papers

(e) rejected votes (verification procedure), and

(f) postal voting statements (verification procedure).

(6) The counting officer must take proper precautions for the safe custody of every box and

receptacle referred to in this paragraph.

Receipt of covering envelopes and collection of postal votes 5

31 (1) The counting officer must, immediately on receipt (whether by hand or by post) of a

covering envelope (or an envelope which is stated to include a postal vote) before the

close of the poll, place it unopened in a postal voters box.

(2) Where an envelope, other than a covering envelope issued by the counting officer—

(a) has been opened, and 10

(b) contains a ballot paper envelope, postal voting statement or ballot paper,

the envelope, together with its contents, is to be placed in a postal voters box.

(3) The counting officer may collect (or arrange to be collected) any postal ballot paper or

postal voting statement which by virtue of rule 28(2)(g) of the conduct rules the

presiding officer of a polling station would otherwise be required to deliver (or arrange 15

to be delivered) to the counting officer.

(4) Where the counting officer collects (or arranges to be collected) any postal ballot paper

or postal voting statement in accordance with sub-paragraph (3), the presiding officer

must first make it (or them) up into a packet (or packets) sealed with the presiding

officer’s seal and the seal of any polling agent present who wishes to affix the agent’s 20

seal.

Opening of postal voters box

32 (1) Each postal voters box must be opened by the counting officer in the presence of any

postal ballot agents who are present.

(2) So long as the counting officer ensures that there is at least one sealed postal voters box 25

for the reception of covering envelopes up to the time of the close of the poll, the other

postal voters boxes may be opened by the counting officer.

(3) The last postal voters box and the postal ballot box must be opened at the counting of

the votes under rule 30 of the conduct rules.

Opening of covering envelopes 30

33 (1) When a postal voters box is opened, the counting officer must count and record the

number of covering envelopes (including any envelope which is stated to include a

postal vote and any envelope described in paragraph 31(2)).

(2) The counting officer must set aside for personal identifier verification not less than 20

percent of the envelopes recorded on that occasion. 35

(3) The counting officer must open separately each covering envelope that is not set aside

(including an envelope described in paragraph 31(2)).

(4) The procedure in paragraph 35 or 36 applies where a covering envelope (including an

envelope to which paragraph 31(2) applies) contains both—

Page 36: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

34 Scottish Independence Referendum Bill

Schedule 2—Further provision about voting in the referendum

Part 3—Postal voting: issue and receipt of ballot papers

(a) a postal voting statement, and

(b) a ballot paper envelope, or if there is no ballot paper envelope, a ballot paper.

(5) Where the covering envelope does not contain the postal voting statement separately,

the counting officer must open the ballot paper envelope to ascertain whether the postal

voting statement is inside. 5

(6) Where a covering envelope does not contain both—

(a) a postal voting statement (whether separately or not), and

(b) a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper,

the counting officer must mark the covering envelope ―provisionally rejected‖, attach its

contents (if any) and place it in the receptacle for rejected votes. 10

(7) Where—

(a) an envelope contains the postal voting statement of a voter with an anonymous

entry, and

(b) sub-paragraph (6) does not apply,

the counting officer must set aside that envelope and its contents for personal identifier 15

verification in accordance with paragraph 36.

(8) In carrying out the procedures in this paragraph and paragraphs 35 to 41, the counting

officer—

(a) must keep the ballot papers face downwards and must take proper precautions for

preventing any person from seeing the votes made on the ballot papers, and 20

(b) must not be permitted to view the corresponding number list used at the issue of

postal ballot papers.

(9) Where an envelope opened in accordance with sub-paragraph (3) contains a postal

voting statement, the counting officer must place a mark in the marked copy of the

postal voters list or proxy postal voters list in a place corresponding to the number of the 25

voter to denote that a postal vote has been returned.

(10) A mark made under sub-paragraph (9) must be distinguishable from and must not

obscure the mark made under paragraph 22(2).

(11) As soon as practicable after the last covering envelope has been opened, the counting

officer must make up into a packet the copy of the marked postal voters list and proxy 30

postal voters list that have been marked in accordance with sub-paragraph (9) and must

seal that packet.

Confirmation of receipt of postal voting statement

34 (1) A voter or a voter’s proxy who is shown in the postal voters list or proxy postal voters

list may make a request, at any time between the first issue of postal ballots under 35

paragraph 22 and the close of the poll, that the counting officer confirm—

(a) whether a mark is shown in the marked copy of the postal voters list or proxy

postal voters list in a place corresponding to the number of the voter to denote that

a postal vote has been returned, and

Page 37: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 35

Schedule 2—Further provision about voting in the referendum

Part 3—Postal voting: issue and receipt of ballot papers

(b) whether the number of the ballot paper issued to the voter or the voter’s proxy has

been recorded on either of the lists of provisionally rejected postal ballot papers

kept by the counting officer under sub-paragraphs (2) and (3) of paragraph 40.

(2) Where a request is received in accordance with sub-paragraph (1) the counting officer

must, if satisfied that the request has been made by the voter or the voter’s proxy, 5

provide confirmation of the matters mentioned in sub-paragraph (1).

Procedure in relation to postal voting statements

35 (1) This paragraph applies to any postal voting statement contained in an envelope that has

not been set aside for personal identifier verification in accordance with paragraph 33(2)

or (7). 10

(2) The counting officer must determine whether the postal voting statement is duly

completed.

(3) Where the counting officer determines that the postal voting statement is not duly

completed, the counting officer must mark the statement ―rejected‖, attach to it the

ballot paper envelope, or if there is no such envelope, the ballot paper, and, subject to 15

sub-paragraph (4), place it in the receptacle for rejected votes.

(4) Before placing the statement in the receptacle for rejected votes, the counting officer

must—

(a) show it to the postal ballot agents, and

(b) if any agent objects to the counting officer’s decision, add the words ―rejection 20

objected to‖.

(5) The counting officer must then examine the number on the postal voting statement

against the number on the ballot paper envelope and, where they are the same, must

place the statement and the ballot paper envelope respectively in the receptacle for

postal voting statements and the receptacle for ballot paper envelopes. 25

(6) Where—

(a) the number on a valid postal voting statement is not the same as the number on the

ballot paper envelope, or

(b) that envelope has no number on it,

the counting officer must open the envelope. 30

(7) Sub-paragraph (8) applies where—

(a) there is a valid postal voting statement but no ballot paper envelope, or

(b) the ballot paper envelope has been opened under paragraph 33(5) or sub-

paragraph (6).

(8) The counting officer must place— 35

(a) in the postal ballot box, any postal ballot paper the number on which is the same

as the number on the valid postal voting statement,

(b) in the receptacle for rejected votes, any other postal ballot paper, with the valid

postal voting statement attached and marked ―provisionally rejected‖,

(c) in the receptacle for rejected votes, any valid postal voting statement marked 40

―provisionally rejected‖ where there is no postal ballot paper, and

Page 38: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

36 Scottish Independence Referendum Bill

Schedule 2—Further provision about voting in the referendum

Part 3—Postal voting: issue and receipt of ballot papers

(d) in the receptacle for postal voting statements, any valid statement not disposed of

under sub-paragraph (b) or (c).

Procedure in relation to postal voting statements: personal identifier verification

36 (1) This paragraph applies to any postal voting statement contained in an envelope that has

been set aside for personal identifier verification in accordance with paragraph 33(2) or 5

(7).

(2) The counting officer must open the envelope and determine whether the postal voting

statement is duly completed and, as part of that process, must compare the date of birth

and the signature on the postal voting statement against the date of birth and the

signature contained in the personal identifiers record relating to the person to whom the 10

postal ballot paper was addressed.

(3) Where the counting officer determines that the statement is not duly completed, the

counting officer must mark the statement ―rejected‖, attach it to the ballot paper

envelope, or if there is no such envelope, the ballot paper, and, subject to sub-paragraph

(4), place it in the receptacle for rejected votes (verification procedure). 15

(4) Before placing a postal voting statement in the receptacle for rejected votes (verification

procedure), the counting officer must—

(a) show it to the postal ballot agents,

(b) permit the agents to view the entries in the personal identifiers record relating to

the person to whom the postal ballot paper was addressed, and 20

(c) if any agent objects to the counting officer’s decision, add the words ―rejection

objected to‖.

(5) The counting officer must then examine the number on the postal voting statement

against the number on the ballot paper envelope and, where they are the same, the

counting officer must place the statement and the ballot paper envelope respectively in 25

the receptacle for postal voting statements (verification procedure) and the receptacle for

ballot paper envelopes.

(6) Where—

(a) the number on a valid postal voting statement is not the same as the number on the

ballot paper envelope, or 30

(b) that envelope has no number on it,

the counting officer must open the envelope.

(7) Sub-paragraph (8) applies where—

(a) there is a valid postal voting statement but no ballot paper envelope, or

(b) the ballot paper envelope has been opened under paragraph 33(5) or sub-35

paragraph (6).

(8) The counting officer must place—

(a) in the postal ballot box, any postal ballot paper the number on which is the same

as the number on the valid postal voting statement,

Page 39: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 37

Schedule 2—Further provision about voting in the referendum

Part 3—Postal voting: issue and receipt of ballot papers

(b) in the receptacle for rejected votes (verification procedure), any other ballot paper,

with the valid postal voting statement attached and marked ―provisionally

rejected‖,

(c) in the receptacle for rejected votes (verification procedure), any valid postal

voting statement marked ―provisionally rejected‖ where there is no postal ballot 5

paper, and

(d) in the receptacle for postal voting statements (verification procedure), any valid

statement not disposed of under sub-paragraph (b) or (c).

Postal voting statements: additional personal identifier verification

37 (1) A counting officer may on any occasion on which a postal voters box is opened in 10

accordance with paragraph 32 undertake verification of the personal identifiers on any

postal voting statement that has on a prior occasion been placed in the receptacle for

postal voting statements.

(2) Where a counting officer undertakes additional verification of personal identifiers, the

officer must— 15

(a) remove as many postal voting statements from the receptacle for postal voting

statements as the officer wishes to subject to additional verification, and

(b) compare the date of birth and the signature on each such postal voting statement

against the date of birth and the signature contained in the personal identifiers

record relating to the person to whom the postal ballot paper was addressed. 20

(3) Where the counting officer is no longer satisfied that the postal voting statement has

been duly completed, the officer must mark the statement ―rejected‖ and, before placing

the postal voting statement in the receptacle for rejected votes (verification procedure),

must—

(a) show it to the postal ballot agents and permit them to view the entries in the 25

personal identifiers record which relate to the person to whom the postal ballot

paper was addressed, and, if any agent objects to the counting officer’s decision,

add the words ―rejection objected to‖,

(b) open any postal ballot box and retrieve the ballot paper corresponding to the ballot

paper number on the postal voting statement, 30

(c) show the ballot paper number on the retrieved ballot paper to the agents, and

(d) attach the ballot paper to the postal voting statement.

(4) Following the removal of a postal ballot paper from a postal ballot box the counting

officer must lock and reseal the postal ballot box in the presence of the postal ballot

agents. 35

(5) Whilst retrieving a ballot paper in accordance with sub-paragraph (3), the counting

officer and the counting officer’s staff—

(a) must keep the ballot papers face downwards and take proper precautions for

preventing any person from seeing the votes made on the ballot papers, and

(b) must not look at the corresponding number list used at the issue of postal ballot 40

papers.

Page 40: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

38 Scottish Independence Referendum Bill

Schedule 2—Further provision about voting in the referendum

Part 3—Postal voting: issue and receipt of ballot papers

Opening of ballot paper envelopes

38 (1) The counting officer must open separately each ballot paper envelope placed in the

receptacle for ballot paper envelopes.

(2) The counting officer must place—

(a) in the postal ballot box, any postal ballot paper the number on which is the same 5

as the number on the ballot paper envelope,

(b) in the receptacle for rejected votes, any other postal ballot paper, which is to be

marked ―provisionally rejected‖ and to which is to be attached the ballot paper

envelope, and

(c) in the receptacle for rejected ballot paper envelopes, any ballot paper envelope 10

which is to be marked ―provisionally rejected‖ because it does not contain a postal

ballot paper.

Retrieval of cancelled postal ballot papers

39 (1) Where it appears to the counting officer that a cancelled postal ballot paper has been

placed— 15

(a) in a postal voters box,

(b) in the receptacle for ballot paper envelopes, or

(c) in a postal ballot box,

the counting officer must proceed as set out in sub-paragraphs (2) and (3).

(2) The counting officer must on the next occasion on which a postal voters box is opened 20

in accordance with paragraph 32, also open any postal ballot box and the receptacle for

ballot paper envelopes and—

(a) retrieve the cancelled postal ballot paper,

(b) show the ballot paper number on the cancelled postal ballot paper to the postal

ballot agents, 25

(c) retrieve the postal voting statement that relates to a cancelled paper from the

receptacle for postal voting statements,

(d) attach any cancelled postal ballot paper to the postal voting statement to which it

relates,

(e) place the cancelled documents in a separate packet and deal with that packet in the 30

manner provided for in paragraph 27(7), and

(f) unless the postal ballot box has been opened for the purposes of the counting of

votes under rule 30 of the conduct rules, seal the postal ballot box in the presence

of the agents.

(3) Whilst retrieving a cancelled postal ballot paper in accordance with sub-paragraph (2), 35

the counting officer and the counting officer’s staff—

(a) must keep the ballot papers face downwards and take proper precautions for

preventing any person from seeing the votes made on the ballot papers, and

(b) must not look at the corresponding number list used at the issue of postal ballot

papers. 40

Page 41: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 39

Schedule 2—Further provision about voting in the referendum

Part 3—Postal voting: issue and receipt of ballot papers

Lists of provisionally rejected postal ballot papers

40 (1) The counting officer must keep two separate lists of provisionally rejected postal ballot

papers.

(2) In the first list, the counting officer must record the ballot paper number of any postal

ballot paper for which no valid postal voting statement was received with it. 5

(3) In the second list, the counting officer must record the ballot paper number of any postal

ballot paper which is entered on a valid postal voting statement where that postal ballot

paper is not received with the postal voting statement.

Checking of lists kept under paragraph 40

41 (1) Where the counting officer receives a valid postal voting statement without the postal 10

ballot paper to which it relates, the counting officer may, at any time prior to the close of

the poll, check the list kept under paragraph 40(2) to see whether the number of any

postal ballot paper to which the statement relates is entered in the list.

(2) Where the counting officer receives a postal ballot paper without the postal voting

statement to which it relates, the counting officer may, at any time prior to the close of 15

the poll, check the list kept under paragraph 40(3) to see whether the number of the

postal ballot paper is entered in the list.

(3) The counting officer must conduct the checks required by sub-paragraphs (1) and (2) as

soon as practicable after the receipt, under rule 28(1)(c) of the conduct rules, of packets

from every polling station in the local government area. 20

(4) Where the ballot paper number in the list matches that number on a valid postal voting

statement or (as the case may be) the postal ballot paper, the counting officer must

retrieve that statement or paper.

(5) The counting officer must then take the appropriate steps under this Part of this schedule

as though any document earlier marked ―provisionally rejected‖ had not been so marked 25

and must amend the document accordingly.

Sealing of receptacles

42 (1) As soon as practicable after the completion of the procedure under paragraph 41(3) and

(4), the counting officer must make up into separate packets the contents of—

(a) the receptacle for rejected votes, 30

(b) the receptacle for postal voting statements,

(c) the receptacle for rejected ballot paper envelopes,

(d) the lists of spoilt and lost postal ballot papers,

(e) the receptacle for rejected votes (verification procedure), and

(f) the receptacle for postal voting statements (verification procedure), 35

and must seal up such packets.

(2) Any document in those packets marked ―provisionally rejected‖ is to be deemed to be

marked ―rejected‖.

Page 42: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

40 Scottish Independence Referendum Bill

Schedule 2—Further provision about voting in the referendum

Part 4—Supply of Polling List etc.

Forwarding of documents

43 (1) The counting officer must, at the same time as sending the documents mentioned in rule

37 of the conduct rules, send to the proper officer—

(a) any packets referred to in paragraphs 25, 27(7), 28(6), 33(11) and 42, endorsing

on each packet a description of its contents and the date of the referendum, and 5

(b) a completed statement giving details of postal ballot papers issued, received,

counted and rejected in the form prescribed.

(2) Where—

(a) any covering envelopes are received by the counting officer after the close of the

poll (apart from those delivered in accordance with the provisions of rule 28 of the 10

conduct rules),

(b) any envelopes addressed to postal voters are returned as undelivered too late to be

re-addressed, or

(c) any spoilt postal ballot papers are returned too late to enable other postal ballot

papers to be issued, 15

the counting officer must put them unopened in a separate packet, seal up that packet

and endorse and send it at a subsequent date in the manner described in sub-paragraph

(1).

(3) Rules 38 and 40 of the conduct rules apply to any packet or document sent under this

paragraph as they apply for the purposes of the documents referred to in those rules. 20

(4) A copy of the statement referred to in sub-paragraph (1)(b) is to be provided by the

counting officer to the Electoral Commission.

Power of Chief Counting Officer to prescribe

44 (1) In paragraphs 9(2) and 43(1)(b), ―prescribed‖ means prescribed by the Chief Counting

Officer. 25

(2) Where a form is prescribed under sub-paragraph (1), the form may be used with such

variations as the circumstances may require.

Interpretation of Part

45 In this Part—

―postal ballot paper‖ means a ballot paper issued to a postal voter, 30

―postal voter‖ means a voter or a voter’s proxy who is entitled to vote by post.

PART 4

SUPPLY OF POLLING LIST ETC.

Supply of free copy of Polling List etc. to counting officers

46 (1) Each registration officer must, at the request of the relevant counting officer, supply free 35

of charge to the counting officer as many printed copies of—

Page 43: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 41

Schedule 2—Further provision about voting in the referendum

Part 4—Supply of Polling List etc.

(a) the latest version of the Polling List,

(b) any notice setting out an alteration to the register of electors issued under—

(i) section 13A(2) of the 1983 Act,

(ii) section 13B(3), (3B) or (3D) of that Act, or

(iii) section 13BB(4) or (5) of that Act, and 5

(c) any record of anonymous entries,

as the counting officer may reasonably require for the purposes of the referendum.

(2) Each registration officer must, as soon as practicable, supply free of charge to the

relevant counting officer as many printed copies of—

(a) the postal voters list, 10

(b) the list of proxies, and

(c) the proxy postal voters list,

as the counting officer may reasonably require for the purposes of the referendum.

(3) If, after supplying copies of the Polling List and notices in accordance with sub-

paragraph (1), any further notices of the kind referred to in paragraph (b) of that sub-15

paragraph are issued by a registration officer, the registration officer must, as soon as

reasonably practicable after issuing the notices, supply the relevant counting officer with

as many printed copies as the counting officer may reasonably require for the purposes

of the referendum.

(4) The duty under sub-paragraph (1) to supply as many printed copies of the Polling List 20

and notices as the counting officer may reasonably require includes a duty to supply one

copy in data form.

(5) No person to whom a copy of a document has been supplied under this paragraph may,

except for the purposes of the referendum—

(a) supply a copy of the document, 25

(b) disclose any information contained in it (that is not also contained in the edited

version of the register of local government electors), or

(c) make use of any such information.

Supply of free copy of Polling List etc. to Electoral Commission

47 (1) Each registration officer must supply free of charge to the Electoral Commission one 30

copy of—

(a) the Polling List,

(b) any notice setting out an alteration of the register of electors issued under—

(i) section 13A(2) of the 1983 Act,

(ii) section 13B(3), (3B) or (3D) of that Act, or 35

(iii) section 13BB(4) or (5) of that Act,

(c) the postal voters list,

(d) the list of proxies, and

Page 44: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

42 Scottish Independence Referendum Bill

Schedule 2—Further provision about voting in the referendum

Part 4—Supply of Polling List etc.

(e) the proxy postal voters list.

(2) The duty to supply under sub-paragraph (1) is a duty to supply in data form unless the

Commission have, prior to the supply, requested in writing a printed copy instead.

(3) Neither an Electoral Commissioner nor any person employed by the Commission may—

(a) supply a copy of any document supplied under sub-paragraph (1) otherwise than 5

to another Electoral Commissioner or another such person,

(b) disclose any information contained in any such document otherwise than in

accordance with sub-paragraph (5) below,

(c) make use of any such information otherwise than in connection with the

Commissioner’s or the person’s functions under, or by virtue of, this Act. 10

(4) In sub-paragraph (3), ―Electoral Commissioner‖ includes a Deputy Electoral

Commissioner and an Assistant Electoral Commissioner.

(5) A document supplied under sub-paragraph (1), or any information contained in it, may

not be disclosed otherwise than—

(a) where necessary to carry out the Commission’s functions under this Act in 15

relation to permissible donors,

(b) by publishing information about voters which does not include the name or

address of any voter.

Supply of free copy of edited Polling List etc. to designated organisations

48 (1) If a designated organisation so requests, the registration officer must supply free of 20

charge to the organisation one copy of an edited version of—

(a) the Polling List,

(b) any notice setting out an alteration of the register of electors issued under—

(i) section 13A(2) of the 1983 Act,

(ii) section 13B(3), (3B) or (3D) of that Act, or 25

(iii) section 13BB(4) or (5) of that Act,

(c) the postal voters list,

(d) the list of proxies, and

(e) the proxy postal voters list.

(2) For the purposes of this paragraph, an ―edited version‖ of a document is a version of the 30

document with—

(a) all voter numbers removed, and

(b) all anonymous entries removed.

(3) A request under sub-paragraph (1) must—

(a) be made in writing, 35

(b) specify the documents requested,

(c) state whether the request is made only in respect of the current documents or

whether it includes a request for the supply of any further documents issued, and

Page 45: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 43

Schedule 2—Further provision about voting in the referendum

Part 4—Supply of Polling List etc.

(d) state whether a printed copy of any of the documents is requested instead of a

version in data form.

(4) Unless a request has been made in advance of supply under sub-paragraph (3)(d), the

copy of a document supplied under sub-paragraph (1) is to be in data form.

(5) No person employed by, or assisting (whether or not for reward) a designated 5

organisation to which a document has been supplied under this paragraph may, except

for a purpose set out in sub-paragraph (6)—

(a) supply a copy of the document to any person,

(b) disclose any information contained in it (that is not also contained in the edited

version of the register of local government electors), or 10

(c) make use of any such information.

(6) The purposes are—

(a) purposes in connection with the campaign in respect of the referendum identified

in the declaration made by the organisation under paragraph 2 of schedule 4, and

(b) the purposes of complying with the controls on donations and regulated 15

transactions in that schedule.

Supply of free copy of register of local government electors etc. to permitted participants

49 (1) If a permitted participant so requests, the registration officer must supply free of charge

to the participant one copy of—

(a) the full, latest version of the register of local government electors published under 20

section 13(1) or (3) of the 1983 Act,

(b) any notice setting out an alteration of that version of the register issued under—

(i) section 13A(2) of the 1983 Act,

(ii) section 13B(3), (3B) or (3D) of that Act, or

(iii) section 13BB(4) or (5) of that Act, 25

(c) the postal voters list kept by the officer under paragraph 5(2) of Schedule 4

(absent voting at parliamentary and local government elections) to the

Representation of the People Act 2000,

(d) the list of proxies kept by the officer under paragraph 5(3) of that Schedule, and

(e) the proxy postal voters list kept by the officer under paragraph 7(8) of that 30

Schedule.

(2) A request under sub-paragraph (1) must—

(a) be made in writing,

(b) specify the documents requested,

(c) state whether the request is made only in respect of the current documents or 35

whether it includes a request for the supply of any further documents issued, and

(d) state whether a printed copy of any of the documents is requested instead of a

version in data form.

Page 46: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

44 Scottish Independence Referendum Bill

Schedule 2—Further provision about voting in the referendum

Part 4—Supply of Polling List etc.

(3) Unless a request has been made in advance of supply under sub-paragraph (2)(d), the

copy of a document supplied under sub-paragraph (1) is to be in data form.

(4) No person employed by, or assisting (whether or not for reward) a permitted participant

to which a document has been supplied under this paragraph may, except for a purpose

set out in sub-paragraph (5)— 5

(a) supply a copy of the document to any person,

(b) disclose any information contained in it (that is not also contained in the edited

version of the register of local government electors), or

(c) make use of any such information.

(5) The purposes are— 10

(a) purposes in connection with the campaign in respect of the referendum identified

in the declaration made by the permitted participant under paragraph 2 of schedule

4, and

(b) the purposes of complying with the controls on donations and regulated

transactions in that schedule. 15

Supply of data

50 A duty of a registration officer to supply data under this Part of this schedule is a duty

only to supply the data in the form in which the officer holds it.

General restriction on use of registration documents and information contained in them

51 (1) This paragraph applies to— 20

(a) any person to whom a copy of a registration document is supplied under any

enactment other than paragraphs 46 to 49,

(b) any person to whom information contained in a registration document has been

disclosed,

(c) any person to whom a person referred to in paragraph (a) or (b) has supplied a 25

copy of a registration document or information contained in it, and

(d) any person who has obtained access to a copy of a registration document or

information contained in it by any other means.

(2) No person to whom this paragraph applies may, except for the purposes of the

referendum— 30

(a) supply a copy of a registration document,

(b) disclose any information contained in a registration document (that is not also

contained in the edited version of the register of local government electors), or

(c) make use of any such information.

(3) In this paragraph, ―registration document‖ means a document referred to in paragraphs 35

46(1) and (2) and 48(1).

Offence in relation to disclosure of registration documents

52 (1) A person (―A‖) commits an offence—

Page 47: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 45

Schedule 2—Further provision about voting in the referendum

Part 5—Supply of marked Polling List etc.

(a) if A contravenes any of paragraphs 17(5), 46(5), 47(3) or (5), 48(5), 49(4) or

51(2), or

(b) if A is an appropriate supervisor of another person (―B‖) who contravenes any of

those paragraphs and A failed to take appropriate steps.

(2) B does not commit an offence under sub-paragraph (1) if— 5

(a) B has an appropriate supervisor, and

(b) B complied with all the requirements imposed on B by the appropriate supervisor.

(3) A does not commit an offence under sub-paragraph (1) if—

(a) A is not, and does not have, an appropriate supervisor, and

(b) A took all reasonable steps to ensure that A did not contravene a provision 10

specified in sub-paragraph (1)(a).

(4) In this paragraph—

―appropriate supervisor‖ means a person who is a director of a company, or

concerned in the management of an organisation, in which B is employed or under

whose direction or control B is, 15

―appropriate steps‖ are such steps as it was reasonable for the appropriate

supervisor to take to secure the operation of procedures designed to prevent, so far

as reasonably practicable, any contravention of a provision specified in sub-

paragraph (1)(a).

(5) A person who commits an offence under sub-paragraph (1) is liable on summary 20

conviction to a fine not exceeding level 5 on the standard scale.

Destruction of copies of the Polling List etc.

53 (1) This section applies to any person holding a copy of any registration document (within

the meaning of paragraph 51(3)).

(2) The person must ensure that the document is securely destroyed no later than one year 25

after the date of the referendum, unless otherwise directed by an order of the Court of

Session or a sheriff principal.

(3) A person who fails to comply with sub-paragraph (2) commits an offence.

(4) A person who commits an offence under sub-paragraph (3) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale. 30

PART 5

SUPPLY OF MARKED POLLING LIST ETC.

Supply of marked Polling List etc. to designated organisations

54 (1) A designated organisation may request that a counting officer supply the organisation

with copies of— 35

(a) the marked copy of the Polling List,

(b) the marked copy of any notice setting out an alteration of the register of electors

issued under—

Page 48: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

46 Scottish Independence Referendum Bill

Schedule 2—Further provision about voting in the referendum

Part 5—Supply of marked Polling List etc.

(i) section 13B(3B) or (3D) of the 1983 Act, or

(ii) section 13BB(4) of that Act,

(c) the marked copy of the postal voters list,

(d) the marked copy of the list of proxies, and

(e) the marked copy of proxy postal voters list. 5

(2) A request under sub-paragraph (1) must—

(a) be made in writing,

(b) specify the documents requested,

(c) state whether a printed copy of the documents is requested or a copy in data form,

and 10

(d) state the purposes for which the documents will be used and why the supply of the

unmarked copies of the documents would not be sufficient to achieve those

purposes.

(3) Where a request is duly made by a designated organisation under sub-paragraph (1), the

counting officer must supply the documents requested if— 15

(a) the officer is satisfied that the organisation needs to see the marks on the marked

copies of the documents in order to achieve the purpose for which they are

requested, and

(b) the officer has received payment of a fee calculated in accordance with

paragraph 55. 20

(4) A designated organisation that obtains a copy of any document referred to in sub-

paragraph (1) may use it—

(a) only for—

(i) purposes in connection with the campaign in respect of the referendum

identified in the declaration made by the organisation under paragraph 2 of 25

schedule 4, or

(ii) the purposes of complying with the controls on donations and regulated

transactions in that schedule, and

(b) subject to any conditions that would apply to the use of the unmarked copies of

the documents by virtue of paragraph 48. 30

(5) Where a person (―A‖) has been supplied with a copy of a document referred to in sub-

paragraph (1), or information contained in such a document, by a person (―B‖) to whom

paragraph 48(5) applies, the restrictions in that paragraph also apply to A as they apply

to B.

(6) A designated organisation may— 35

(a) supply a copy of a document referred to in sub-paragraph (1) to a processor for the

purpose of processing the information contained in it, or

(b) procure that a processor processes and supplies to the organisation any copy of the

information in such a document that the processor has obtained under this

paragraph,40

Page 49: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 47

Schedule 3—Conduct rules

for use in respect of the purposes for which the designated organisation is entitled to

obtain such document or information.

(7) A duty of a counting officer to supply data under this paragraph is a duty only to supply

the data in the form in which the officer holds it.

(8) Paragraph 53 applies to a person holding a copy of a document supplied under this 5

paragraph as it applies to a person holding a copy of any registration document (and the

reference in paragraph 53(2) to the document is to be construed accordingly).

(9) In sub-paragraph (6) ―processor‖ means a person who provides a service which consists

of putting information into data form and includes an employee of such a person.

(10) In this Act, ―marked copy‖ means— 10

(a) in relation to the Polling List, the copy marked as mentioned in rule 21(2)(c) of

the conduct rules,

(b) in relation to a notice issued under section 13B(3B) or (3D) or 13BB(4), the copy

marked as mentioned in that rule as modified by rule 21(4),

(c) in relation to the list of proxies, the copy marked as mentioned in rule 21(2)(d), 15

(d) in relation to the postal voters list or proxy postal voters list, the copy marked as

mentioned in paragraph 22(2) of this schedule.

Fee for supply of marked Polling List etc.

55 (1) The fee to be paid in accordance with sub-paragraph (3)(b) of paragraph 54 by a

designated organisation requesting the supply of a document referred to in sub-20

paragraph (1) of that paragraph is set out in sub-paragraph (2).

(2) The fee is £10 plus—

(a) for a copy in printed form, £2 for each 1,000 entries (or remaining part of 1,000

entries) covered by the request,

(b) for a copy in data form, £1 for each 1,000 entries (or remaining part of 1,000 25

entries) covered by the request.

(3) For the purposes of this paragraph, a request for a copy of the whole or the same part of

a document in both printed and data form may be treated as two separate requests.

SCHEDULE 3

(introduced by section 9) 30

CONDUCT RULES

Publication of notice of the referendum

1 (1) The counting officer must publish notice of the referendum not later than the twenty-

fifth day before the date of the referendum.

(2) For the purposes of paragraph (1), the following days are to be disregarded— 35

(a) a Saturday or Sunday,

(b) Christmas Eve or Christmas Day,

(c) a day which is a bank holiday in Scotland under the Banking and Financial

Dealings Act 1971.

Page 50: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

48 Scottish Independence Referendum Bill

Schedule 3—Conduct rules

(3) The notice must—

(a) be in the form prescribed, and

(b) set out—

(i) the date of the referendum,

(ii) the hours of polling, 5

(iii) a description of who is entitled to vote at each polling station, and

(iv) the situation of each polling station in the local government area.

(4) The notice must also state the day by which—

(a) applications to register to vote,

(b) applications to vote by post or by proxy, 10

(c) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the

referendum.

(5) As soon as practicable after publishing the notice under paragraph (1), the counting

officer must give a copy of it to each of the referendum agents appointed for the area. 15

Hours of polling

2 The hours of polling are between 7am and 10pm.

The ballot

3 (1) The votes at the referendum are to be given by ballot.

(2) The ballot of every voter consists of a ballot paper. 20

(3) The ballot paper is to be of the prescribed colour.

Printing of ballot papers

4 The counting officer must arrange for the printing of the ballot papers for the counting

officer’s area unless the Chief Counting Officer takes responsibility for doing so.

The corresponding number list 25

5 (1) The counting officer must prepare a list (the ―corresponding number list‖) which

complies with paragraph (2).

(2) The corresponding number list must—

(a) contain the unique identifying numbers of all ballot papers to be issued in

accordance with rule 8(1) or provided in accordance with rule 13(1), and 30

(b) be in the form prescribed.

Security marking

6 (1) Every ballot paper must bear or contain on the back of the ballot paper—

(a) a unique identifying number, and

Page 51: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 49

Schedule 3—Conduct rules

(b) an official mark.

(2) The counting officer may use a different official mark for ballot papers issued for the

purpose of voting by post from the official mark used for ballot papers issued for the

purpose of voting in person.

(3) The counting officer may use a different official mark for different purposes. 5

(4) The official mark must be kept secret.

Use of schools and public rooms for polling and counting votes

7 (1) The counting officer may use, free of charge, for the purpose of taking the poll or

counting the votes—

(a) a suitable room in the premises of a school to which this rule applies in 10

accordance with paragraph (2), and

(b) any meeting room to which this rule applies in accordance with paragraph (3).

(2) This rule applies to any school maintained by an education authority.

(3) This rule applies to meeting rooms situated in Scotland the expense of maintaining

which is payable wholly or mainly by— 15

(a) the Scottish Ministers or any other part of the Scottish Administration, or

(b) any Scottish public authority with mixed functions or no reserved functions

(within the meaning of the Scotland Act 1998).

(4) The counting officer—

(a) must pay any expenses incurred in preparing, warming, lighting and cleaning the 20

room and restoring the room to its usual condition after use for the referendum,

and

(b) must pay for any damage done to the room or the premises in which it is situated,

or to the furniture, fittings or apparatus in the room or premises by reason of its

being used for the purposes of taking the poll or counting the votes. 25

(5) For the purposes of this rule (except those of paragraph (4)(b)), the premises of a school

are not to be taken to include any private dwelling.

(6) In this rule—

―dwelling‖ includes any part of a building where that part is occupied separately

as a dwelling, 30

―meeting room‖ means any room which it is the practice to let for public

meetings, and

―room‖ includes a hall, gallery or gymnasium.

Postal ballot papers

8 (1) Subject to paragraph 21(1) of schedule 2, the counting officer must, as soon as 35

reasonably practicable, issue to those entitled to vote by post—

(a) a ballot paper,

(b) a postal voting statement in the form prescribed, and

(c) an envelope for their return.

Page 52: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

50 Scottish Independence Referendum Bill

Schedule 3—Conduct rules

(2) The counting officer must also, as soon as reasonably practicable, issue to those entitled

to vote by post information about how to obtain—

(a) translations into languages other than English of any directions to or guidance for

voters sent with the ballot paper,

(b) a translation into Braille of such directions or guidance, 5

(c) a graphical representation of such directions or guidance, and

(d) the directions or guidance in any other form (including in audible form).

Provision of polling stations

9 (1) The counting officer must—

(a) provide a sufficient number of polling stations, and 10

(b) allot the voters to the polling stations.

(2) One or more polling stations may be provided in the same room.

(3) The counting officer must provide each polling station with such number of

compartments as may be necessary in which the voters can mark their votes screened

from observation. 15

Appointment of presiding officers and clerks

10 (1) The counting officer must appoint and pay—

(a) a presiding officer to attend at each polling station, and

(b) such clerks as may be necessary for the purposes of the referendum.

(2) The counting officer may not appoint any person who is or has been involved in 20

campaigning for a particular outcome in the referendum.

(3) The counting officer may preside at a polling station and the provisions of these rules

relating to a presiding officer apply to a counting officer who so presides with the

necessary modifications as to things done by the counting officer to the presiding officer

or by the presiding officer to the counting officer. 25

(4) A presiding officer may authorise a clerk appointed under paragraph (1)(b) to do any act

which the presiding officer is required or authorised by these rules to do at a polling

station, except ordering the removal and exclusion of any person from the polling

station.

Issue of poll cards 30

11 (1) The counting officer must, as soon as reasonably practicable after publishing the notice

of the referendum under rule 1, send to voters whichever of the following is

appropriate—

(a) an official poll card,

(b) an official postal poll card, 35

(c) an official poll card issued to the proxy of a voter, or

(d) an official postal poll card issued to the proxy of a voter.

(2) A voter’s official poll card is to be sent or delivered to the voter’s qualifying address.

Page 53: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 51

Schedule 3—Conduct rules

(3) A voter’s official postal poll card is to be sent or delivered to the address to which the

voter has stated that the ballot paper is to be sent.

(4) A proxy’s official poll card or official postal poll card is to be sent or delivered to the

proxy’s address as shown in the list of proxies.

(5) The cards mentioned in paragraph (1) are to be in the form prescribed. 5

(6) The cards must set out—

(a) the voter’s name, qualifying address and number in the Polling List (unless the

voter has an anonymous entry),

(b) the date of the referendum,

(c) the hours of polling, and 10

(d) the situation of the polling station allotted to the voter under rule 9(1)(b) (in the

case of the cards mentioned in paragraph (1)(a) and (c)).

(7) Where a poll card is sent to a voter who has appointed a proxy, the card must also notify

the voter of the appointment of the proxy.

(8) In the case of a voter who has an anonymous entry, the card must be sent in an envelope 15

or other form of covering so as not to disclose to any other person that the person has an

anonymous entry.

Loan of equipment for referendum

12 (1) A council must, if requested to do so by a counting officer, loan to the counting officer

any ballot boxes, fittings and compartments provided by or belonging to the council. 20

(2) Paragraph (1) does not apply if the council requires the equipment for immediate use by

that council.

(3) A loan under paragraph (1) is to be on such terms and conditions as the council and the

counting officer may agree.

Equipment of polling stations 25

13 (1) The counting officer must provide each presiding officer with such number of ballot

boxes and ballot papers as the counting officer considers necessary.

(2) Each ballot box is to be constructed so that the ballot papers can be put in, but cannot be

withdrawn from it, without the box being opened.

(3) The counting officer must provide each polling station with— 30

(a) materials to enable voters to mark the ballot papers,

(b) copies of the Polling List or such part of it as contains the entries relating to the

voters allotted to the station,

(c) the parts of any lists of persons entitled to vote by post or by proxy prepared for

the referendum corresponding to the Polling List or the part of it provided under 35

sub-paragraph (b),

(d) copies of forms of declarations and other documents required for the purpose of

the poll, and

Page 54: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

52 Scottish Independence Referendum Bill

Schedule 3—Conduct rules

(e) the part of the corresponding number list which contains the numbers

corresponding to those on the ballot papers provided to the presiding officer of the

polling station.

(4) The reference in paragraph (3)(b) to the copies of the Polling List includes a reference to

copies of any notices issued under section 13B(3B) or (3D) or 13BB(4) or (5) of the 5

1983 Act in respect of alterations to the register of electors.

(5) A notice giving directions for the guidance of voters in voting is to be displayed—

(a) inside and outside every polling station, and

(b) in every compartment of every polling station.

(6) The notice under paragraph (5) is to be in the form prescribed. 10

(7) The counting officer must also provide each polling station with—

(a) an enlarged hand-held sample copy of the ballot paper for the assistance of voters

who are partially-sighted, and

(b) a device for enabling voters who are blind or partially-sighted to vote without any

need for assistance from the presiding officer or any companion. 15

(8) The counting officer may cause to be displayed at every polling station an enlarged

sample copy of the ballot paper and may include a translation of it into such other

languages as the counting officer considers appropriate.

(9) The sample copy mentioned in paragraphs (7)(a) and (8) must be clearly marked as a

specimen provided only for the guidance of voters in voting. 20

Appointment of polling and counting agents

14 (1) A referendum agent may appoint—

(a) polling agents to attend at polling stations for the purpose of detecting

personation,

(b) counting agents to attend at the counting of the votes. 25

(2) The counting officer may limit the number of counting agents that may be appointed, so

long as—

(a) the number that may be appointed by each referendum agent is the same, and

(b) the number that may be appointed by each referendum agent is not less than the

number obtained by dividing the number of clerks employed on the counting by 30

the number of referendum agents.

(3) For the purposes of paragraph (2)(b), a counting agent appointed by more than one

referendum agent is to be treated as a separate agent for each of them.

(4) A referendum agent who appoints a polling or counting agent must give the counting

officer notice of the appointment no later than the fifth day before the date of the 35

referendum.

(5) For the purposes of paragraph (4), the following days are to be disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve or Christmas Day,

Page 55: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 53

Schedule 3—Conduct rules

(c) a day which is a bank holiday in Scotland under the Banking and Financial

Dealings Act 1971.

(6) If a polling agent or counting agent dies or becomes unable to perform the agent’s

functions, the referendum agent may appoint another agent and must give the counting

officer notice of the new appointment as soon as practicable. 5

(7) A notice under paragraph (4) or (6)—

(a) must be given in writing,

(b) must give the name and address of the person appointed,

(c) in the case of a polling agent, must set out which polling stations the agent may

attend, 10

(d) in the case of a counting agent, must set out which counts the agent may attend.

(8) In schedule 2 and these conduct rules, references to polling agents and counting agents

are to agents appointed under paragraph (1) or (6)—

(a) whose appointments have been duly made and notified, and

(b) where the number of agents is restricted, who are within the permitted numbers. 15

(9) Any notice required to be given to a counting agent by the counting officer may be

delivered at, or sent by post to, the address stated in the notice under paragraph (4) or

(6).

(10) A referendum agent may do (or assist in doing) anything that a polling or counting agent

appointed by that referendum agent is authorised to do. 20

(11) Anything required or authorised by schedule 2 or these conduct rules to be done in the

presence of polling or counting agents may be done instead in the presence of the

referendum agent who appointed the polling or counting agents.

(12) Where in schedule 2 or these conduct rules anything is required or authorised to be done

in the presence of polling or counting agents, the non-attendance of any agent or agents 25

at the time and place appointed for the purpose does not invalidate the thing (if the thing

is otherwise duly done).

Admission to polling station

15 (1) No person other than the presiding officer and the persons mentioned in paragraph (2)

may attend a polling station. 30

(2) Those persons are—

(a) voters,

(b) persons under the age of 16 accompanying voters,

(c) the companions of voters with disabilities,

(d) the Member of Parliament for the constituency in which the polling station is 35

situated,

(e) the member of the Scottish Parliament for the constituency in which the polling

station is situated,

(f) members of the Scottish Parliament for the region in which the polling station is

situated, 40

Page 56: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

54 Scottish Independence Referendum Bill

Schedule 3—Conduct rules

(g) members of the council for the electoral ward in which the polling station is

situated,

(h) members of the European Parliament for the electoral region of Scotland,

(i) the clerks appointed to attend at the polling station,

(j) the Chief Counting Officer and members of the Chief Counting Officer’s staff, 5

(k) the counting officer and members of the counting officer’s staff,

(l) constables on duty,

(m) persons entitled to attend by virtue of section 17, 18 or 19,

(n) referendum agents,

(o) polling agents appointed to attend at the polling station, and 10

(p) any other person the presiding officer permits to attend.

(3) In paragraph (2)(g), ―electoral ward‖ has the meaning given by section 1 of the Local

Governance (Scotland) Act 2004.

(4) The presiding officer may regulate the total number of voters and persons under the age

of 16 accompanying voters who may be admitted to the polling station at the same time. 15

(5) Not more than one polling agent is to be admitted at the same time to a polling station

on behalf of the same permitted participant.

(6) A constable or a member of the counting officer’s staff may only be admitted to vote in

person elsewhere than at the polling station allotted under rule 9(1)(b), in accordance

with paragraph 1(5) of schedule 2, on production of a certificate which satisfies the 20

requirements set out in paragraph (7).

(7) A certificate must—

(a) be signed by—

(i) in the case of a constable, an officer of police of the rank of inspector or

above, or 25

(ii) in the case of a member of the counting officer’s staff, the counting officer,

and

(b) be in the form prescribed.

(8) A certificate produced under paragraph (6) must be immediately cancelled.

Notification of requirement of secrecy 30

16 (1) The counting officer must make such arrangements as are reasonably practicable to

ensure that—

(a) every person attending at a polling station has been given a copy of the provisions

of sub-paragraphs (1), (3), (5), (7), (8) and (9) of paragraph 7 of schedule 7,

(b) every person attending at the counting of the votes has been given a copy of sub-35

paragraphs (4), (8) and (9) of that paragraph.

(2) Paragraph (1) does not require the provision of that information to—

(a) a person attending the polling station for the purpose of voting,

(b) a person under the age of 16 accompanying a voter,

Page 57: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 55

Schedule 3—Conduct rules

(c) a companion of a voter with disabilities, or

(d) a constable on duty at a polling station or at the count.

Keeping of order in polling station

17 (1) The presiding officer must keep order at the polling station.

(2) If a person— 5

(a) obstructs the operation of the polling station,

(b) obstructs any voter in polling, or

(c) does anything else which the presiding officer considers may adversely affect

proceedings at the polling station,

the presiding officer may order the person to be removed from the polling station. 10

(3) A person may be removed—

(a) by a constable, or

(b) by the presiding officer.

(4) A person removed under paragraph (2) must not enter the polling station again during

that day without the presiding officer’s permission. 15

(5) A person removed under paragraph (2) may, if charged with the commission in the

polling station of an offence, be dealt with as a person taken into custody by a constable

for an offence without a warrant.

(6) The power to remove a person from the polling station is not to be exercised so as to

prevent a voter who is otherwise entitled to vote at a polling station from having an 20

opportunity of voting at that station.

Sealing of ballot boxes

18 (1) Immediately before the commencement of the poll, the presiding officer must—

(a) show each ballot box proposed to be used for the purposes of the poll to such

persons (if any) who are present in the polling station so that they may see that 25

each box is empty,

(b) place the presiding officer’s seal on each box in such a manner as to prevent it

being opened without breaking the seal, and

(c) place each box in the presiding officer’s view for the receipt of ballot papers.

(2) The presiding officer must ensure that each box remains sealed until the close of the 30

poll.

Questions to be put to voters

19 (1) At the time a voter applies for a ballot paper (but not afterwards), the presiding officer—

(a) must put the questions mentioned in paragraph (2) to the voter if required to do so

by a referendum agent or polling agent, 35

(b) may put the questions mentioned in paragraph (2) to the voter if the presiding

officer considers it appropriate to do so.

Page 58: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

56 Scottish Independence Referendum Bill

Schedule 3—Conduct rules

(2) The questions referred to in paragraph (1) are—

Type of person applying for ballot paper Questions

5

1. A person applying as a voter (a) ―Are you the person named in the Polling

List as follows?‖ (read the whole entry from

the Polling List)

(b) ―Have you already voted in this referendum

otherwise than as proxy for some other

person?‖

10

15

2. A person applying as proxy (a) ―Are you the person whose name appears as

A.B. in the list of proxies for this referendum

as entitled to vote as proxy on behalf of C.D.?‖

(b) ―Have you already voted in this referendum

as proxy on behalf of C.D.?‖

(c) ―Are you the spouse, civil partner, parent,

grandparent, brother, sister, child or grandchild

of C.D.?‖

20

25

3. A person applying as proxy for a voter with

an anonymous entry (instead of the questions

in entry 2)

(a) ―Are you the person entitled to vote as

proxy on behalf of the voter whose number on

the Polling List is (read out the number from

the Polling List)?‖

(b) ―Have you already voted in this referendum

as proxy on behalf of the voter whose number

on the Polling List is (read out the number

from the Polling List)?‖

(c) ―Are you the spouse, civil partner, parent,

grandparent, brother, sister, child or grandchild

of the person whose number on the Polling List

is (read out the number from the Polling

List)?‖

30

4. A person applying as proxy if the answer to

the question at 2(c) or 3(c) is not ―yes‖

―Have you already voted in this referendum on

behalf of two persons of whom you are not the

spouse, civil partner, parent, grandparent,

brother, sister, child or grandchild?‖

35

5. A person applying as a voter in relation to

whom there is an entry in the postal voters list

(a) ―Did you apply to vote by post?‖

(b) ―Why have you not voted by post?‖

40

6. A person applying as proxy who is named

in the proxy postal voters list

(a) ―Did you apply to vote by post as proxy?‖

(b) ―Why have you not voted by post as

proxy?‖

(3) In the case of a voter in respect of whom a notice has been issued under section 13B(3B)

or (3D) or 13BB(4) of the 1983 Act, the reference in the question in entry 1(a) to

reading from the Polling List is to be read as a reference to reading from the notice

issued under that section.

Page 59: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 57

Schedule 3—Conduct rules

(4) A ballot paper must not be delivered to any person required to answer a question under

this rule unless the person answers the question satisfactorily.

(5) Except as authorised by this rule, no enquiry is permitted as to the right of any person to

vote.

Challenge of voter 5

20 (1) A person is not to be prevented from voting by reason only that—

(a) a referendum agent or polling agent—

(i) has reasonable cause to believe that the person has committed an offence of

personation, and

(ii) the agent makes a declaration to that effect, or 10

(b) the person is arrested on the grounds of being suspected of committing or of being

about to commit such an offence.

(2) Paragraph (1) does not affect the person’s liability to any penalty for voting.

Voting procedure

21 (1) Subject to rule 19(4), a ballot paper must be delivered to a voter who applies for one. 15

(2) Immediately before delivering the ballot paper to the voter—

(a) the number and (unless paragraph (3) applies) name of the voter as stated in the

Polling List is to be called out,

(b) the number of the voter is to be marked on the list mentioned in rule 13(3)(e)

beside the number of the ballot paper to be delivered to the voter, 20

(c) a mark is to be placed in the Polling List against the number of the voter to note

that a ballot paper has been received but without showing the particular ballot

paper which has been received, and

(d) in the case of a person applying for a ballot paper as proxy, a mark is also to be

placed against that person’s name in the list of proxies. 25

(3) In the case of a voter who has an anonymous entry, the voter’s official poll card must be

shown to the presiding officer and only the voter’s number is to be called out in

pursuance of paragraph (2)(a).

(4) In the case of a voter in respect of whom a notice has been issued under section 13B(3B)

or (3D) or 13BB(4) of the 1983 Act, paragraph (2) is modified as follows— 30

(a) in sub-paragraph (a), for ―Polling List‖ substitute ―copy of the notice issued under

section 13B(3B) or (3D) or 13BB(4) of the 1983 Act‖,

(b) in sub-paragraph (c), for ―in the Polling List‖ substitute ―on the copy of the notice

issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act‖.

(5) On receiving the ballot paper, the voter must without delay— 35

(a) proceed into a compartment in the polling station,

(b) there secretly mark the voter’s ballot paper,

(c) show the unique identifying number on the ballot paper to the presiding officer,

and

Page 60: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

58 Scottish Independence Referendum Bill

Schedule 3—Conduct rules

(d) put the ballot paper into the ballot box in the presiding officer’s presence.

(6) Where—

(a) a voter attends the polling station before 10pm, and

(b) the voter is still waiting to vote at 10pm,

the presiding officer must permit the voter to vote without delay after 10pm and must 5

close the poll immediately after the last such voter has voted.

(7) The voter must leave the polling station as soon as the voter has put the ballot paper into

the ballot box.

Votes marked by presiding officer

22 (1) On the application of a voter— 10

(a) who is incapacitated by blindness or other disability from voting in the manner

required by rule 21, or

(b) who declares orally an inability to read,

the presiding officer must, in the presence of any polling agents, cause the voter’s vote

to be marked on a ballot paper in the manner directed by the voter and the ballot paper 15

to be put into the ballot box.

(2) The name and number in the Polling List of every voter whose vote is marked in

pursuance of this rule, and the reason why it is so marked, is to be entered on a list (the

―marked votes list‖) and in the case of a person voting as proxy for a voter, the number

to be entered is the voter’s number. 20

(3) In the case of a person in respect of whom a notice has been issued under section

13B(3B) or (3D) or 13BB(4) of the 1983 Act, paragraph (2) applies as if for ―in the

Polling List of every voter‖ there were substituted ―relating to every voter in respect of

whom a notice has been issued under section 13B(3B) or (3D) or 13BB(4) of the 1983

Act‖. 25

Voting by persons with disabilities

23 (1) If a voter applies to the presiding officer to be allowed to vote with the assistance of

another person by whom the voter is accompanied (the ―companion‖), on the ground

of—

(a) blindness or other physical disability, or 30

(b) inability to read,

the presiding officer must require the voter to declare (orally or in writing) whether the

voter is so disabled by blindness or other disability, or by inability to read, as to be

unable to vote without assistance.

(2) The presiding officer must grant the application if the presiding officer— 35

(a) is satisfied that the voter is so disabled by blindness or other disability, or by

inability to read, as to be unable to vote without assistance, and

(b) is also satisfied, by a declaration made by the companion (a ―companion

declaration‖) which complies with paragraph (3), that the companion—

(i) meets the requirements set out in paragraph (3)(c)(i) or (ii), and 40

Page 61: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 59

Schedule 3—Conduct rules

(ii) has not previously assisted more than one voter with disabilities to vote at

the referendum.

(3) A companion declaration must—

(a) be in the form prescribed,

(b) be made before the presiding officer at the time when the voter applies to vote 5

with the assistance of the companion, and

(c) state that the companion—

(i) is a person who is entitled to vote as a voter at the referendum, or

(ii) is the spouse, civil partner, parent, grandparent, brother, sister, child or

grandchild of the voter with disabilities, and has attained the age of 16. 10

(4) The presiding officer must sign the companion declaration and keep it.

(5) No fee or other payment may be charged in respect of the declaration.

(6) A person is a ―voter with disabilities‖ for the purposes of paragraph (2)(b)(ii) if the

person has made a declaration mentioned in paragraph (1).

(7) Where an application is granted under paragraph (2), anything which is required by 15

these rules to be done to or by the voter in connection with the giving of that voter’s

vote may be done to, or by, or with the assistance of, the companion.

(8) The name and number in the Polling List of every voter whose vote is given in

accordance with this rule and the name and address of the companion is to be entered on

a list (the ―assisted voters list‖) and, in the case of a person voting as proxy for a voter, 20

the number to be entered is the voter’s number.

(9) Where the voter being assisted by a companion has an anonymous entry, only the

voter’s number in the Polling List is to be entered on the assisted voters list.

(10) In the case of a person in respect of whom a notice has been issued under section

13B(3B) or (3D) or 13BB(4) of the 1983 Act, paragraph (8) applies as if for ―in the 25

Polling List of every voter‖ there were substituted ―relating to every voter in respect of

whom a notice has been issued under section 13B(3B) or (3D) or 13BB(4) of the 1983

Act‖.

Tendered ballot papers

24 (1) Paragraph (6) applies if any of situations A to D exist. 30

(2) Situation A exists if a person, claiming to be—

(a) a particular voter named on the Polling List and not named in the postal voters list

or the list of proxies, or

(b) a particular person named in the list of proxies as proxy for a voter and not

entitled to vote by post as proxy, 35

applies for a ballot paper after another person has voted in person either as the voter or

the voter’s proxy.

(3) Situation B exists if—

(a) a person applies for a ballot paper claiming that the person is a particular voter

named on the Polling List, 40

(b) the person is also named in the postal voters list, and

Page 62: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

60 Scottish Independence Referendum Bill

Schedule 3—Conduct rules

(c) the person claims that—

(i) no application to vote by post in the referendum was made by that person,

or

(ii) the person is not an existing postal voter within the meaning of paragraph

2(2) of schedule 2. 5

(4) Situation C exists if—

(a) a person applies for a ballot paper claiming that the person is a particular person

named as a proxy in the list of proxies,

(b) the person is also named in the proxy postal voters list, and

(c) the person claims that— 10

(i) no application to vote by post as proxy was made by that person, or

(ii) the person is not an existing proxy to whom paragraph 6(4) of schedule 2

applies.

(5) Situation D exists if, before the close of the poll but after the last time at which a person

may apply for a replacement postal ballot paper— 15

(a) a person claims that the person is—

(i) a particular voter named on the Polling List who is also named in the postal

voters list, or

(ii) a particular person named as proxy in the list of proxies who is also named

in the proxy postal voters list, and 20

(b) the person claims that the person has lost or has not received a postal ballot paper.

(6) Where this paragraph applies, the person is entitled, on satisfactorily answering the

questions permitted by rule 19 to be asked at the poll, to mark a tendered ballot paper in

the same manner as any other voter.

(7) A tendered ballot paper must— 25

(a) be of a prescribed colour differing from that of the ballot paper issued in

accordance with rule 8(1) or provided in accordance with rule 13(1),

(b) instead of being put into the ballot box, be given to the presiding officer and

endorsed by the presiding officer with the name of the voter and the voter’s

number in the Polling List, and 30

(c) be set aside in a separate packet.

(8) The name of the voter and the voter’s number in the Polling List is to be entered on a list

(the ―tendered votes list‖).

(9) In the case of a person voting as proxy for a voter, the number to be endorsed or entered

is to be the voter’s number. 35

(10) This rule applies to a voter who has an anonymous entry subject to the following

modifications—

(a) in paragraphs (7)(b) and (8), the references to the voter’s name are to be ignored,

and

(b) otherwise, a reference to a person named on the Polling List or other list is to be 40

construed as a reference to a person whose number appears on the Polling List or

other list (as the case may be).

Page 63: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 61

Schedule 3—Conduct rules

(11) This rule applies in the case of a person in respect of whom a notice has been issued

under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act as if—

(a) in paragraphs (2)(a), (3)(a) or (5)(a)(i), for ―named on the Polling List‖ there were

substituted ―in respect of whom a notice under section 13B(3B) or (3D) or

13BB(4) of the 1983 Act has been issued‖, and 5

(b) in paragraphs (7)(b) and (8), for ―the voter’s number in the Polling List‖ there

were substituted ―the number relating to that person on a notice issued under

section 13B(3B) or (3D) or 13BB(4) of the 1983 Act‖.

Spoilt ballot papers

25 (1) A voter who has inadvertently dealt with a ballot paper in such manner that it cannot be 10

conveniently used as a ballot paper may—

(a) by returning it to the presiding officer, and

(b) proving to the presiding officer’s satisfaction the fact of the inadvertence,

obtain another ballot paper in the place of the returned ballot paper (the ―spoilt ballot

paper‖). 15

(2) The spoilt ballot paper must be immediately cancelled.

Correction of errors on polling day

26 (1) The presiding officer must keep a list of persons to whom ballot papers are delivered in

consequence of an alteration to the register made by virtue of section 13B(3B) or (3D)

or 13BB(4) of the 1983 Act which takes effect on the date of the referendum. 20

(2) The list kept under paragraph (1) is referred to as the ―polling day alterations list‖.

Adjournment of poll in case of riot

27 (1) Where the proceedings at any polling station are interrupted by riot or open violence, the

presiding officer must—

(a) adjourn the proceedings until the following day, and 25

(b) inform the counting officer without delay.

(2) If the counting officer is informed under paragraph (1)(b), the counting officer must

inform the Chief Counting Officer without delay.

(3) Where the poll is adjourned at any polling station—

(a) the hours of polling on the day to which it is adjourned are to be the same as for 30

the original day, and

(b) references in these rules to the close of the poll are to be construed accordingly.

Procedure on close of poll

28 (1) As soon as reasonably practicable after the close of the poll, the presiding officer

must— 35

(a) in the presence of any polling agents, seal each ballot box in use at the station so

as to prevent the introduction of additional ballot papers,

Page 64: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

62 Scottish Independence Referendum Bill

Schedule 3—Conduct rules

(b) separate and make up into separate sealed packets the papers mentioned in

paragraph (2), and

(c) deliver the sealed ballot boxes and packets (or arrange for them to be delivered) to

the counting officer to be taken charge of by the counting officer.

(2) The papers referred to in paragraph (1) are— 5

(a) the unused and spoilt ballot papers (as a single packet),

(b) the tendered ballot papers,

(c) the marked copies of the Polling List (including any marked copy notices issued

under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act) and of the list of

proxies (as a single packet), 10

(d) any certificates produced under rule 15(6),

(e) the corresponding number list completed in accordance with rule 21(2)(b) (the

―completed corresponding number list‖),

(f) the tendered votes list, the assisted voters list, the marked votes list, the polling

day alterations list and the companion declarations (as a single packet), 15

(g) any postal ballot papers or postal voting statements returned to the station.

(3) The marked copies of the Polling List and of the list of proxies are to be in one packet

but must not be in the same packet as the certificates mentioned in paragraph (2)(d) or

the lists mentioned in paragraph (2)(e).

(4) The packets must be accompanied by a statement (the ―ballot paper account‖) made by 20

the presiding officer, showing the number of ballot papers entrusted to the presiding

officer and accounting for them under the following heads—

(a) ballot papers issued and not otherwise accounted for,

(b) unused ballot papers,

(c) spoilt ballot papers, and 25

(d) tendered ballot papers.

(5) If the sealed ballot boxes and packets are not delivered to the counting officer by the

presiding officer personally, the arrangements for their delivery require the counting

officer’s approval.

(6) In paragraph (1), references to ―sealing‖ mean sealing using— 30

(a) the presiding officer’s seal, and

(b) the seals of any polling agents who wish to affix their own seals.

Attendance at counting of votes

29 (1) The counting officer must make arrangements for counting of the votes as soon as

reasonably practicable after the close of the poll. 35

(2) The counting officer must publish notice of the time and place at which the counting

officer will begin to count the votes.

(3) The counting officer must take proper precautions for the security of the ballot boxes

and packets in the period between taking charge of them and the beginning of the count.

Page 65: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 63

Schedule 3—Conduct rules

(4) No person other than the persons mentioned in paragraph (5) may attend the counting of

the votes.

(5) Those persons are—

(a) the Member of Parliament for any constituency which contains all or part of the

area in which the votes being counted have been cast, 5

(b) the member of the Scottish Parliament for any constituency which contains all or

part of the area in which the votes being counted have been cast,

(c) members of the Scottish Parliament for any region which contains all or part of

the area in which the votes being counted have been cast,

(d) members of the council for any local government area which contains all or part 10

of the area in which the votes being counted have been cast,

(e) members of the European Parliament for the electoral region of Scotland,

(f) the Chief Counting Officer and members of the Chief Counting Officer’s staff,

(g) a counting officer and members of a counting officer’s staff,

(h) constables on duty, 15

(i) persons entitled to attend by virtue of section 17,

(j) persons entitled to attend by virtue of section 18 or 19,

(k) referendum agents,

(l) counting agents appointed to attend at the count, and

(m) any other person the counting officer permits to attend. 20

(6) The counting officer may exclude persons from the counting of the votes if the counting

officer considers that the efficient counting of the votes would be impeded.

(7) Paragraph (6) does not permit the counting officer to exclude the persons mentioned in

paragraph (5)(f) or (i).

(8) The counting officer may limit the number of counting agents who are permitted to be 25

present at the counting of the votes on behalf of a permitted participant, but the same

limit is to apply to each permitted participant.

(9) The counting officer must give any counting agents such reasonable facilities for

overseeing the proceedings and such information with respect to the proceedings as the

counting officer can give consistently with the orderly conduct of the proceedings and 30

the carrying out of the counting officer’s functions in connection with them.

(10) In particular, where the votes are counted by sorting the ballot papers according to the

answer for which the vote is given and then counting the number of ballot papers for

each answer, the counting agents are entitled to satisfy themselves that the ballot papers

are correctly sorted. 35

The count

30 (1) The counting officer must—

(a) in the presence of the counting agents, open each ballot box and count and record

the number of ballot papers in it, checking the number against the ballot paper

account, 40

Page 66: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

64 Scottish Independence Referendum Bill

Schedule 3—Conduct rules

(b) verify each ballot paper account in the presence of any referendum agents, and

(c) count such of the postal ballot papers as have been duly returned and record the

number counted.

(2) For the purposes of paragraph (1)(b), a counting officer must—

(a) verify the ballot paper account by comparing it with the number of ballot papers 5

recorded, the unused and spoilt ballot papers in the counting officer’s possession

and the tendered votes list (opening and resealing the packets containing the

unused and spoilt ballot papers and the tendered votes list), and

(b) prepare a statement as to the result of the verification (the ―verification

statement‖). 10

(3) Any counting agent present at the verification may copy the verification statement.

(4) For the purposes of paragraph (1)(c), a postal ballot paper is not to be considered as

having been duly returned unless it—

(a) is returned—

(i) by hand to a polling station in the same local government area, or 15

(ii) by hand or post to the counting officer,

before the close of the poll, and

(b) is accompanied by a postal voting statement which—

(i) is duly signed (unless the requirement for signature has been dispensed

with in accordance with paragraph 7(5) of schedule 2), and 20

(ii) states the date of birth of the voter or the voter’s proxy.

(5) The counting officer must not count the votes given on any ballot papers until—

(a) in the case of postal ballot papers, they have been mixed with ballot papers from

at least one ballot box, and

(b) in the case of ballot papers from a ballot box, they have been mixed with ballot 25

papers from at least one other ballot box.

(6) The counting officer must not count any tendered ballot paper.

(7) The counting officer must not count any postal ballot paper if, having taken steps to

verify the signature and date of birth of the voter or the voter’s proxy, the counting

officer is not satisfied that the postal voting statement has been properly completed. 30

(8) The counting officer, while counting and recording the number of ballot papers and

counting the votes, must take all proper precautions for preventing any person from

identifying the voter who cast the vote.

(9) The counting officer must, so far as reasonably practicable, proceed continuously with

counting the votes, allowing only time for refreshment, but the counting officer may 35

suspend counting between 7pm on any day following the date of the referendum and

9am on the following morning.

(10) During any period when counting is suspended, the counting officer must take proper

precautions for the security of the papers.

Page 67: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 65

Schedule 3—Conduct rules

Rejected ballot papers

31 (1) Any ballot paper to which paragraph (2) applies is void and is not to be counted, subject

to paragraph (3).

(2) This paragraph applies to a ballot paper—

(a) which does not bear the official mark, 5

(b) which indicates a vote in favour of both answers to the referendum question,

(c) on which anything is written or marked by which the voter can be identified (other

than by the unique identifying number), or

(d) which is unmarked or void for uncertainty.

(3) A ballot paper on which the vote is marked— 10

(a) elsewhere than in the proper place,

(b) otherwise than by means of a cross, or

(c) by more than one mark,

is not for such reason to be considered to be void by reason only of indicating a vote by

means of figures or words (or any other mark) instead of a cross if, in the counting 15

officer’s opinion, the mark clearly indicates the voter’s intention.

(4) Paragraph (3) does not apply if—

(a) the way in which the ballot paper is marked identifies the voter, or

(b) it can be shown that the voter can be identified from it.

(5) The counting officer must— 20

(a) endorse the word ―rejected‖ on any ballot paper which falls not to be counted

under this rule, and

(b) if any counting agent objects to the counting officer’s decision, add to the

endorsement the words ―rejection objected to‖.

(6) The counting officer must prepare a statement showing the number of ballot papers 25

rejected under each of sub-paragraphs (a) to (d) of paragraph (2).

Counting the votes

32 The counting officer must count the votes in favour of each answer to the referendum

question.

Decisions on ballot papers 30

33 The decision of the counting officer on any question arising in respect of a ballot paper

is final.

Re-counts

34 (1) The counting officer may have the votes re-counted (or again re-counted) if the counting

officer considers it appropriate to do so. 35

(2) The Chief Counting Officer may require the counting officer to have the votes re-

counted (or again re-counted).

Page 68: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

66 Scottish Independence Referendum Bill

Schedule 3—Conduct rules

Declaration of result

35 (1) After making the certification under section 6(2)(b) (results for the counting officer’s

area), the counting officer must, without delay, give to the Chief Counting Officer—

(a) notice of the matters certified,

(b) details of the information contained in the verification statements prepared under 5

rule 30, and

(c) notice of the number of rejected ballot papers under each head shown in the

statement of rejected ballot papers prepared under rule 31.

(2) When authorised to do so by the Chief Counting Officer, the counting officer must—

(a) make a declaration of the matters certified under section 6(2)(b), and 10

(b) as soon as practicable, give public notice of those matters together with the

number of rejected ballot papers under each head shown in the statement of

rejected ballot papers.

(3) After making the certification under section 6(4) (results for the whole of Scotland), the

Chief Counting Officer must— 15

(a) make a declaration of the matters certified, and

(b) as soon as practicable, give public notice of those matters together with the total

number of rejected ballot papers for the whole of Scotland under each head shown

in the statements of rejected ballot papers.

Sealing up of ballot papers 20

36 (1) On the completion of the counting, the counting officer must seal up in separate

packets—

(a) the counted ballot papers, and

(b) the rejected ballot papers.

(2) The counting officer must not open the sealed packets of— 25

(a) tendered ballot papers,

(b) the completed corresponding number lists,

(c) the certificates mentioned in rule 15(6), or

(d) marked copies of the Polling List (including any marked copy notices issued

under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act) and lists of proxies. 30

Delivery of papers

37 (1) After sealing the papers in accordance with rule 36, the counting officer must send the

papers mentioned in paragraph (2) to the proper officer of the council for the local

government area in which the votes being counted have been cast, endorsing on each

packet a description of its contents and the date of the referendum. 35

(2) Those papers are—

(a) the packets of ballot papers in the counting officer’s possession,

Page 69: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 67

Schedule 3—Conduct rules

(b) the ballot paper accounts, the statements of rejected ballot papers and the

verification statements,

(c) the tendered votes list, the assisted voters list, the marked votes list, the polling

day alterations lists and the companion declarations,

(d) the packets of the completed corresponding numbers lists, 5

(e) the packets of the certificates mentioned in rule 15(6), and

(f) the packets containing marked copies of the Polling List (including any marked

copy notices issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act)

and of the postal voters list, of lists of proxies and of the proxy postal voters list.

Retention and public inspection of papers 10

38 (1) The proper officer of the council must retain for one year all papers received by virtue of

rule 37.

(2) Those papers, except ballot papers, completed corresponding number lists and the

certificates mentioned in rule 15(6), are to be made available for public inspection at

such times and in such manner as the proper officer may determine. 15

(3) A person inspecting marked copies of the Polling List may not—

(a) make copies of any part of them, or

(b) record any particulars included in them,

otherwise than by means of hand-written notes.

(4) A person who makes a copy of marked copies of the Polling List, or records any 20

particulars included in them, otherwise than by means of hand-written notes commits an

offence and is liable on summary conviction to a fine not exceeding level 5 on the

standard scale.

(5) After the expiry of one year, the proper officer must ensure that the papers are securely

destroyed, unless otherwise directed by an order of the Court of Session or a sheriff 25

principal.

Retention and public inspection of certifications

39 (1) The Chief Counting Officer must retain for one year—

(a) certifications made by counting officers under section 6(2)(b), and

(b) certifications made by the Chief Counting Officer under section 6(4). 30

(2) Those certifications are to be made available for public inspection at such times and in

such manner as the Chief Counting Officer may determine.

Orders for production of documents

40 (1) The Court of Session or a sheriff principal may make an order mentioned in paragraph

(2) if the Court or the sheriff principal is satisfied by evidence on oath that the order is 35

required for the purpose of—

(a) instituting or maintaining a prosecution for an offence in relation to ballot papers,

or

(b) proceedings brought as mentioned in section 31.

Page 70: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

68 Scottish Independence Referendum Bill

Schedule 3—Conduct rules

(2) An order referred to in paragraph (1) is an order for—

(a) the inspection or production of any rejected ballot papers in the custody of a

proper officer,

(b) the opening of a sealed packet of the completed corresponding number lists or of

the certificates mentioned in rule 15(6), or 5

(c) the inspection of any counted ballot papers in the proper officer’s custody.

(3) An order under this rule may be made subject to such conditions as to—

(a) persons,

(b) time,

(c) place and mode of inspection, and 10

(d) production or opening,

as the Court or the sheriff principal considers expedient.

(4) In making and carrying out an order mentioned in paragraph (2)(b) or (c), care must be

taken to ensure that the way in which the vote of any particular voter has been given will

not be disclosed until it is proved— 15

(a) that such vote was given, and

(b) that such vote has been declared by a competent court to be invalid.

(5) Any power given to the Court of Session or a sheriff principal under this rule may be

exercised by any judge of the Court, or by the sheriff principal, otherwise than in open

court. 20

(6) An appeal lies to the Court of Session from any order of a sheriff principal under this

rule.

(7) Where an order is made for the production by a proper officer of any document in that

officer’s custody relating to the referendum—

(a) the production by such officer or the officer’s agent of the document ordered in 25

such manner as may be directed by that order is conclusive evidence that the

document relates to the referendum, and

(b) any endorsement on any packet of ballot papers so produced is prima facie

evidence that the ballot papers are what they are stated to be by the endorsement.

(8) The production from the proper officer’s custody of— 30

(a) a ballot paper purporting to have been used at the referendum, and

(b) a completed corresponding number list with a number marked in writing beside

the number of the ballot paper,

is prima facie evidence that the voter whose vote was given by that ballot paper was the

person whose entry in the Polling List (or on a notice issued under section 13B(3B) or 35

(3D) or 13BB(4) of the 1983 Act) at the time of the referendum contained the same

number as the number marked as mentioned in sub-paragraph (b).

(9) Except as provided by this rule, no person is to be allowed to—

(a) inspect any rejected or counted ballot papers in the custody of the proper officer,

or 40

Page 71: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 69

Schedule 4—Campaign rules

Part 1—Interpretation

(b) open any sealed packet of the completed corresponding number list or of the

certificates mentioned in rule 15(6).

Power of Chief Counting Officer to prescribe

41 (1) In this schedule, ―prescribed‖ means prescribed by the Chief Counting Officer.

(2) Where a form is prescribed under paragraph (1), the form may be used with such 5

variations as the circumstances may require.

SCHEDULE 4

(introduced by section 10)

CAMPAIGN RULES

PART 1 10

INTERPRETATION

Interpretation of schedule

1 (1) In this schedule—

―bequest‖ includes any form of testamentary disposition,

―body‖, without more, includes a body corporate or any combination of persons or 15

other unincorporated associations,

―broadcaster‖ means—

(a) the holder of a licence under the Broadcasting Act 1990 or 1996, or

(b) the British Broadcasting Corporation,

―exempt trust donation‖ has the meaning given by section 162 of the 2000 Act, 20

―market value‖, in relation to any property, means the price which might

reasonably be expected to be paid for the property on a sale in the open market,

―property‖ includes any description of property, and references to the provision of

property accordingly include the supply of goods,

―qualified auditor‖ has the meaning given by section 160 of the 2000 Act. 25

(2) For the purposes of this schedule, each of the following is a ―permissible donor‖—

(a) an individual registered in an electoral register,

(b) a company—

(i) registered under the Companies Act 2006,

(ii) incorporated within the United Kingdom or another member State, and 30

(iii) carrying on business in the United Kingdom,

(c) a registered party,

(d) a trade union entered in the list kept under the Trade Union and Labour Relations

(Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order

1992 (S.I 1992/807), 35

Page 72: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

70 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 1—Interpretation

(e) a building society (within the meaning of the Building Societies Act 1986),

(f) a limited liability partnership—

(i) registered under the Limited Liability Partnerships Act 2000, and

(ii) carrying on business in the United Kingdom,

(g) a friendly society registered under the Friendly Societies Act 1974 or a society 5

registered (or deemed to be registered) under the Industrial and Provident

Societies Act 1965 or the Industrial and Provident Societies Act (Northern

Ireland) 1969, and

(h) any unincorporated association of two or more persons which—

(i) does not fall within any of the preceding paragraphs, 10

(ii) carries on business or other activities wholly or mainly in the United

Kingdom, and

(iii) has its main office in the United Kingdom.

(3) In this schedule, ―electoral register‖ means any of the following—

(a) a register of parliamentary or local government electors maintained under 15

section 9 of the 1983 Act,

(b) a register of relevant citizens of the European Union prepared under the European

Parliamentary Elections (Franchise of Relevant Citizens of the Union)

Regulations 2001 (S.I 2001/1184),

(c) a register of peers prepared under regulations under section 3 of the 20

Representation of the People Act 1985.

(4) References in this schedule (in whatever terms) to payments out of public funds are

references to any of the following—

(a) payments out of—

(i) the Consolidated Fund of the United Kingdom, the Scottish Consolidated 25

Fund, the Consolidated Fund of Northern Ireland or the Welsh

Consolidated Fund, or

(ii) money provided by Parliament or appropriated by Act of the Northern

Ireland Assembly,

(b) payments by— 30

(i) a Minister of the Crown, the Scottish Ministers, a Minister within the

meaning of the Northern Ireland Act 1998 or the Welsh Ministers

(including the First Minister for Wales or the Counsel General to the Welsh

Assembly Government), or

(ii) a government department (including a Northern Ireland department) or a 35

part of the Scottish Administration,

(c) payments by the SPCB, the Northern Ireland Assembly Commission or the

National Assembly for Wales Commission, and

(d) payments by the Electoral Commission.

Page 73: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 71

Schedule 4—Campaign rules

Part 2—Permitted participants and designated organisations

(5) References in this schedule (in whatever terms) to expenses met, or things provided, out

of public funds are references to expenses met, or things provided, by means of

payments out of public funds.

PART 2

PERMITTED PARTICIPANTS AND DESIGNATED ORGANISATIONS 5

Permitted participants

2 (1) For the purposes of this schedule, a registered party, a qualifying individual or a

qualifying body may make a declaration to the Electoral Commission in accordance

with this paragraph and paragraph 3 identifying the outcome for which the party,

individual or body proposes to campaign at the referendum. 10

(2) A party, individual or body which has made a declaration in accordance with this

paragraph and paragraph 3 is referred to in this Act as a ―permitted participant‖.

(3) A ―qualifying individual‖ is an individual who is—

(a) resident in the United Kingdom, or

(b) registered in— 15

(i) an electoral register, or

(ii) the register of young voters.

(4) A ―qualifying body‖ is a body which is—

(a) a company—

(i) registered under the Companies Act 2006, 20

(ii) incorporated within the United Kingdom or another member State, and

(iii) carrying on business in the United Kingdom,

(b) a trade union entered in the list kept under the Trade Union and Labour Relations

(Consolidation) Act 1992 or the Industrial Relations (Northern Ireland) Order

1992 (S.I. 1992/807), 25

(c) a building society within the meaning of the Building Societies Act 1986,

(d) a limited liability partnership—

(i) registered under the Limited Liability Partnerships Act 2000, and

(ii) carrying on business in the United Kingdom,

(e) a friendly society registered under the Friendly Societies Act 1974 or a society 30

registered (or deemed to be registered) under the Industrial and Provident

Societies Act 1965 or the Industrial and Provident Societies Act (Northern

Ireland) 1969, or

(f) an unincorporated association of two or more persons which—

(i) does not fall within any of the preceding paragraphs, 35

(ii) carries on business or other activities wholly or mainly in the United

Kingdom, and

(iii) has its main office in the United Kingdom.

Page 74: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

72 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 2—Permitted participants and designated organisations

Further provision about declarations under paragraph 2

3 (1) A declaration under paragraph 2 by a registered party—

(a) must be signed by the responsible officers of the party (within the meaning of

section 64(7) of the 2000 Act), and

(b) if made by a minor party, must be accompanied by a notification which states the 5

name of the person who will be responsible for compliance on the part of the party

with the provisions of this schedule.

(2) A declaration under paragraph 2 by a qualifying individual must—

(a) state the individual’s full name and home address, and

(b) be signed by the individual. 10

(3) A declaration under paragraph 2 by a qualifying body must—

(a) state—

(i) all such details in respect of the body as are required by virtue of any of

sub-paragraphs (4) and (6) to (10) of paragraph 2 of Schedule 6 to the 2000

Act to be given in respect of such a body as the donor of a recordable 15

donation, and

(ii) the name of the person or officer who will be responsible for compliance

on the part of the body with the provisions of this schedule, and

(b) be signed by the body’s secretary or a person who acts in a similar capacity in

relation to the body. 20

(4) If, at any time before the end of the compliance period, any statement which is

contained in a notification under sub-paragraph (1)(b) or, in accordance with any

provision of sub-paragraph (2) or (3), is contained in a declaration under paragraph 2,

ceases to be accurate, the permitted participant by whom the notification was given or

declaration was made must give the Electoral Commission a notification (―a notification 25

of alteration‖) replacing the statement with another statement—

(a) contained in the notification of alteration, and

(b) conforming with sub-paragraph (1)(b), (2) or (as the case may be) (3).

(5) For the purposes of sub-paragraph (4), ―the compliance period‖ is the period during

which any provision of this schedule remains to be complied with on the part of the 30

permitted participant.

Register of declarations under paragraph 2

4 (1) The Electoral Commission must maintain a register of all declarations made to them

under paragraph 2.

(2) The register is to be maintained by the Commission in such form as the Commission 35

may determine.

(3) The register must contain, in relation to each declaration, all of the information supplied

to the Commission in connection with the declaration in accordance with paragraph 3.

Page 75: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 73

Schedule 4—Campaign rules

Part 2—Permitted participants and designated organisations

(4) Where a declaration is made to the Commission under paragraph 2, the Commission

must cause the information mentioned in sub-paragraph (3) to be entered in the register

as soon as is reasonably practicable.

(5) Where a notification of alteration is given to the Commission under paragraph 3(4) the

Commission must cause any change required as a consequence of the notification to be 5

made in the register as soon as is reasonably practicable.

(6) The information to be entered in the register in respect of a permitted participant who is

an individual must not include the individual’s home address.

Designated organisations

5 (1) The Electoral Commission may, in relation to each of the two possible outcomes in the 10

referendum, designate under this paragraph one permitted participant as representing

those campaigning for the outcome in question.

(2) The Commission may make a designation under this paragraph only on an application

made under paragraph 6.

(3) The Commission may designate a permitted participant under this paragraph in relation 15

to one of the possible outcomes whether or not a permitted participant is designated in

relation to the other possible outcome.

(4) A permitted participant designated under this paragraph is referred to in this Act as a

―designated organisation‖.

Applications for designation under paragraph 5 20

6 (1) A permitted participant seeking to be designated under paragraph 5 must make an

application for that purpose to the Electoral Commission.

(2) An application for designation must—

(a) be accompanied by information or statements designed to show that the applicant

adequately represents those campaigning for the outcome in the referendum in 25

relation to which the applicant seeks to be designated, and

(b) be made within the period of 28 days beginning with the first day of the

referendum period.

(3) Where an application for designation has been made to the Commission in accordance

with this paragraph, the application must be determined by the Commission within the 30

period of 14 days beginning with the day after the end of the period of 28 days

mentioned in sub-paragraph (2)(b).

(4) If there is only one application in relation to a particular outcome in the referendum, the

Commission must designate the applicant unless they are not satisfied that the applicant

adequately represents those campaigning for that outcome. 35

(5) If there is more than one application in relation to a particular outcome in the

referendum, the Commission must designate whichever of the applicants appears to

them to represent to the greatest extent those campaigning for that outcome unless they

are not satisfied that any of the applicants adequately represents those campaigning for

that outcome. 40

Page 76: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

74 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 2—Permitted participants and designated organisations

Designated organisation’s right to use rooms for holding public meetings

7 (1) Subject to the provisions of this paragraph, persons authorised by a designated

organisation are entitled, for the purpose of holding public meetings in furtherance of

the organisation’s referendum campaign, to the use free of charge, at reasonable times

during the relevant period, of— 5

(a) a suitable room in the premises of a school to which this paragraph applies in

accordance with sub-paragraph (2), and

(b) any meeting room to which this paragraph applies in accordance with sub-

paragraph (3).

For this purpose, ―the relevant period‖ means the period of 28 days ending with the day 10

before the date of the referendum.

(2) This paragraph applies to any school maintained by an education authority.

(3) This paragraph applies to meeting rooms situated in Scotland the expense of maintaining

which is payable wholly or mainly by—

(a) the Scottish Ministers or any other part of the Scottish Administration, or 15

(b) any Scottish public authority with mixed functions or no reserved functions

(within the meaning of the Scotland Act 1998).

(4) Where a room is used for a meeting in pursuance of the rights conferred by this

paragraph, the person by whom or on whose behalf the meeting is convened—

(a) must pay any expenses incurred in preparing, warming, lighting and cleaning the 20

room and providing attendance for the meeting and restoring the room to its usual

condition after the meeting, and

(b) must pay for any damage done to the room or the premises in which it is situated,

or to the furniture, fittings or apparatus in the room or premises.

(5) A person is not entitled to exercise the rights conferred by this paragraph except on 25

reasonable notice; and this paragraph does not authorise any interference with the hours

during which a room in school premises is used for educational purposes, or any

interference with the use of a meeting room either for the purposes of the person

maintaining it or under a prior agreement for its letting for any purpose.

(6) For the purposes of this paragraph (except those of paragraph (b) of sub-paragraph (4)), 30

the premises of a school are not to be taken to include any private dwelling.

(7) In this paragraph—

―dwelling‖ includes any part of a building where that part is occupied separately

as a dwelling,

―meeting room‖ means any room which it is the practice to let for public 35

meetings, and

―room‖ includes a hall, gallery or gymnasium.

Supplementary provisions about use of rooms for public meetings

8 (1) This paragraph has effect with respect to the rights conferred by paragraph 7 and the

arrangements to be made for their exercise. 40

Page 77: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 75

Schedule 4—Campaign rules

Part 3—Referendum expenses

(2) Any arrangement for the use of a room in school premises is to be made with the

education authority maintaining the school.

(3) Any question as to the rooms in school premises which a person authorised by a

designated organisation is entitled to use, or as to the times at which the person is

entitled to use them, or as to the notice which is reasonable, is to be determined by the 5

Scottish Ministers.

(4) Any person authorised by a designated organisation is entitled at all reasonable hours to

inspect—

(a) any lists prepared in pursuance of paragraph 6 of Schedule 5 to the 1983 Act (use

of rooms for parliamentary election meetings), or 10

(b) a copy of any such lists,

in connection with exercising the rights conferred by paragraph 7.

PART 3

REFERENDUM EXPENSES

Referendum expenses 15

9 (1) The following provisions have effect for the purposes of this schedule.

(2) ―Referendum expenses‖ means expenses incurred by or on behalf of any individual or

body which are—

(a) expenses falling within paragraph 10, and

(b) incurred for referendum purposes. 20

(3) Expenses are incurred for referendum purposes if they are incurred—

(a) in connection with the conduct or management of a referendum campaign, or

(b) otherwise in connection with promoting or procuring any particular outcome in

the referendum.

Expenses qualifying where incurred for referendum purposes 25

10 (1) For the purposes of paragraph 9(2)(a) the expenses falling within this paragraph are

expenses incurred in respect of any of the matters set out in the following list––

1. Referendum campaign broadcasts.

(Expenses in respect of such broadcasts include agency fees, design costs and

other costs in connection with preparing and producing such broadcasts.) 30

2. Advertising of any nature (whatever the medium used.)

(Expenses in respect of such advertising include agency fees, design costs and

other costs in connection with preparing, producing, distributing or otherwise

disseminating such advertising or anything incorporating such advertising and

intended to be distributed for the purpose of disseminating it.) 35

3. Unsolicited material addressed to voters (whether addressed to them by name or

intended for delivery to households within any particular area or areas).

Page 78: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

76 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 3—Referendum expenses

(Expenses in respect of such material include design costs and other costs in

connection with preparing, producing or distributing or otherwise disseminating

such material (including the cost of postage).)

4. Any material to which paragraph 25 applies.

(Expenses in respect of such material include design costs and other costs in 5

connection with preparing, producing or distributing or otherwise disseminating

such material.)

5. Market research or canvassing conducted for the purpose of ascertaining voting

intentions.

6. The provision of any services or facilities in connection with press conferences or 10

other dealings with the media.

7. Transport (by any means) of persons to any place or places with a view to obtaining

publicity in connection with a referendum campaign.

(Expenses in respect of such transport include the costs of hiring a particular

means of transport for the whole or part of the period during which the campaign 15

is being conducted.)

8. Rallies and other events, including public meetings (but not annual or other party

conferences) organised so as to obtain publicity in connection with a referendum

campaign or for other purposes connected with a referendum campaign.

(Expenses in respect of such events include costs incurred in connection with the 20

attendance of persons at such events, the hire of premises for the purposes of such

events or the provision of goods, services or facilities at them.)

(2) Nothing in sub-paragraph (1) is to be taken as extending to—

(a) any expenses in respect of any property, services or facilities so far as those

expenses fall to be met out of public funds, 25

(b) any expenses incurred in respect of the remuneration or allowances payable to any

member of the staff (whether permanent or otherwise) of the campaign organiser,

(c) any expenses incurred in respect of an individual (―A‖) by way of travelling

expenses (by any means of transport) or in providing for A’s accommodation or

other personal needs to the extent that the expenses are paid by A from A’s own 30

resources and are not reimbursed to A, or

(d) any expenses incurred in respect of the publication of any matter relating to the

referendum (other than an advertisement) in—

(i) a newspaper or periodical,

(ii) a broadcast made by the British Broadcasting Corporation, or 35

(iii) a programme included in any service licensed under Part 1 or 3 of the

Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996.

(3) The Electoral Commission may issue, and from time to time revise, a code of practice

giving guidance as to the kinds of expenses which do, or do not, fall within this

paragraph. 40

(4) As soon as practicable after issuing or revising a code of practice under sub-paragraph

(3), the Commission must send a copy to the Scottish Ministers.

Page 79: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 77

Schedule 4—Campaign rules

Part 3—Referendum expenses

(5) The Scottish Ministers must lay before the Scottish Parliament a copy of the code or (as

the case may be) the revised code.

Notional referendum expenses

11 (1) This paragraph applies where, in the case of any individual or body—

(a) either— 5

(i) property is transferred to the individual or body free of charge or at a

discount of more than 10 per cent of its market value, or

(ii) property, services or facilities is or are provided for the use or benefit of the

individual or body free of charge or at a discount of more than 10 per cent

of the commercial rate for the use of the property or for the provision of the 10

services or facilities, and

(b) the property, services or facilities is or are made use of by or on behalf of the

individual or body in circumstances such that, if any expenses were to be (or are)

actually incurred by or on behalf of the individual or body in respect of that use,

they would be (or are) referendum expenses incurred by or on behalf of the 15

individual or body.

(2) Where this paragraph applies, an amount of referendum expenses determined in

accordance with this paragraph (―the appropriate amount‖) is to be treated, for the

purposes of this schedule, as incurred by the individual or body during the period for

which the property, services or facilities is or are made use of as mentioned in sub-20

paragraph (1)(b).

(3) Sub-paragraph (2) is subject to sub-paragraph (13).

(4) Where sub-paragraph (1)(a)(i) applies, the appropriate amount is such proportion as is

reasonably attributable to the use made of the property as mentioned in sub-paragraph

(1)(b) of either— 25

(a) the market value of the property (where the property is transferred free of charge),

or

(b) the difference between the market value of the property and the amount of

expenses actually incurred by or on behalf of the individual or body in respect of

the property (where the property is transferred at a discount). 30

(5) Where sub-paragraph (1)(a)(ii) applies the appropriate amount is such proportion as is

reasonably attributable to the use made of the property, services or facilities as

mentioned in sub-paragraph (1)(b) of either—

(a) the commercial rate for the use of the property or the provision of the services or

facilities (where the property, services or facilities is or are provided free of 35

charge), or

(b) the difference between that commercial rate and the amount of expenses actually

incurred by or on behalf of the individual or body in respect of the use of the

property or the provision of the services or facilities (where the property, services

or facilities is or are provided at a discount). 40

(6) Sub-paragraph (7) applies where the services of an employee are made available by the

employee’s employer for the use or benefit of an individual or body.

Page 80: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

78 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 3—Referendum expenses

(7) For the purposes of this paragraph, the amount which is to be taken as constituting the

commercial rate for the provision of those services is the amount of the remuneration or

allowances payable to the employee by the employer in respect of the period for which

the employee’s services are made available (but do not include any amount in respect of

contributions or other payments for which the employer is liable in respect of the 5

employee).

(8) Where an amount of referendum expenses is treated, by virtue of sub-paragraph (2), as

incurred by or on behalf of an individual or body during any period the whole or part of

which falls within the referendum period then—

(a) the amount mentioned in sub-paragraph (10) is to be treated as incurred by or on 10

behalf of the individual or body during the referendum period, and

(b) if a return falls to be prepared under paragraph 20 in respect of referendum

expenses incurred by or on behalf of the individual or body during that period, the

responsible person must make a declaration of that amount.

(9) Sub-paragraph (8) does not apply if the amount referred to in sub-paragraph (8)(a) does 15

not exceed £200.

(10) The amount referred to in sub-paragraph (8)(a) is such proportion of the appropriate

amount (determined in accordance with sub-paragraph (4) or (5)) as reasonably

represents the use made of the property, services or facilities as mentioned in sub-

paragraph (1)(b) during the referendum period. 20

(11) A person commits an offence if the person knowingly or recklessly makes a false

declaration under sub-paragraph (8)(b).

(12) A person who commits an offence under sub-paragraph (11) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or

to a fine not exceeding the statutory maximum (or both), 25

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months

or to a fine (or both).

(13) No amount of referendum expenses is to be regarded as incurred by virtue of sub-

paragraph (2) in respect of—

(a) the transmission by a broadcaster of a referendum campaign broadcast, 30

(b) the provision of any rights conferred on a designated organisation (or persons

authorised by such an organisation) by virtue of—

(i) paragraph 7 or 8, or

(ii) paragraph 1 of Schedule 12 (right to send referendum address post free) to

the 2000 Act (as applied by article 4 of the Scotland Act 1998 35

(Modification of Schedule 5) Order 2013 (SI 2013/242)), or

(c) the provision by any individual of the individual’s own services which are

provided voluntarily in the individual’s own time and free of charge.

(14) Paragraph 29(5) and (6)(a) applies with any necessary modifications for the purpose of

determining, for the purposes of sub-paragraph (1), whether property is transferred to an 40

individual or body.

Page 81: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 79

Schedule 4—Campaign rules

Part 3—Referendum expenses

Restriction on incurring referendum expenses

12 (1) No amount of referendum expenses is to be incurred by or on behalf of a permitted

participant except with the authority of—

(a) the responsible person, or

(b) a person authorised in writing by the responsible person. 5

(2) A person commits an offence if, without reasonable excuse, the person incurs any

expenses in contravention of sub-paragraph (1).

(3) A person who commits an offence under sub-paragraph (2) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

(4) Where, in the case of a permitted participant that is a registered party, any expenses are 10

incurred in contravention of sub-paragraph (1), the expenses do not count for the

purposes of paragraphs 17 to 23 as referendum expenses incurred by or on behalf of the

permitted participant.

Restriction on payments in respect of referendum expenses

13 (1) No payment (of whatever nature) may be made in respect of any referendum expenses 15

incurred or to be incurred by or on behalf of a permitted participant except by—

(a) the responsible person, or

(b) a person authorised in writing by the responsible person.

(2) A payment made in respect of any such expenses by a person within paragraph (a) or (b)

of sub-paragraph (1) must be supported by an invoice or a receipt unless the amount of 20

the payment does not exceed £200.

(3) Where a person within paragraph (b) of sub-paragraph (1) makes a payment to which

sub-paragraph (2) applies, the person must, as soon as possible after making the

payment, deliver to the responsible person—

(a) notification that the payment has been made, and 25

(b) the supporting invoice or receipt.

(4) A person commits an offence if, without reasonable excuse, the person—

(a) makes a payment in contravention of sub-paragraph (1), or

(b) contravenes sub-paragraph (3).

(5) A person who commits an offence under sub-paragraph (4) is liable on summary 30

conviction to a fine not exceeding level 5 on the standard scale.

Restriction on making claims in respect of referendum expenses

14 (1) A claim for payment in respect of referendum expenses incurred by or on behalf of a

permitted participant during the referendum period is not payable unless the claim is

sent within the period of 30 days after the end of the referendum period to— 35

(a) the responsible person, or

(b) any other person authorised under paragraph 12 to incur the expenses.

Page 82: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

80 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 3—Referendum expenses

(2) A claim sent in accordance with sub-paragraph (1) must be paid within the period of 60

days after the end of the referendum period.

(3) A person commits an offence if, without reasonable excuse, the person—

(a) pays a claim which by virtue of sub-paragraph (1) is not payable, or

(b) makes a payment in respect of a claim after the end of the period allowed under 5

sub-paragraph (2).

(4) A person who commits an offence under sub-paragraph (3) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

(5) In the case of a claim to which sub-paragraph (1) applies—

(a) the person making the claim, or 10

(b) the person with whose authority the expenses in question were incurred,

may apply to the Electoral Commission for leave for the claim to be paid although sent

in after the end of the period mentioned in that sub-paragraph; and the Commission, if

satisfied that for any special reason it is appropriate to do so, may grant the leave.

(6) Nothing in sub-paragraph (1) or (2) applies in relation to any sum paid in pursuance of 15

the leave granted by the Commission.

(7) Sub-paragraph (2) is without prejudice to any rights of a creditor of a permitted

participant to obtain payment before the end of the period allowed under that sub-

paragraph.

(8) Subsections (9) and (10) of section 77 of the 2000 Act apply for the purposes of this 20

paragraph as if—

(a) any reference to subsection (1) or (2) of that section were a reference to sub-

paragraph (1) or (2) above,

(b) any reference to campaign expenditure were a reference to referendum expenses,

and 25

(c) any reference to the treasurer or deputy treasurer of the registered party were a

reference to the responsible person in relation to the permitted participant.

Disputed claims

15 (1) This paragraph applies where—

(a) a claim for payment in respect of referendum expenses incurred by or on behalf of 30

a permitted participant as mentioned in paragraph 14(1) is sent to—

(i) the responsible person, or

(ii) any other person with whose authority it is alleged that the expenses were

incurred,

within the period allowed under that provision, and 35

(b) the responsible person or other person to whom the claim is sent fails or refuses to

pay the claim within the period allowed under paragraph 14(2).

(2) A claim to which this paragraph applies is referred to in this paragraph as ―the disputed

claim‖.

Page 83: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 81

Schedule 4—Campaign rules

Part 3—Referendum expenses

(3) The person by whom the disputed claim is made may bring an action for the disputed

claim, and nothing in paragraph 14(2) applies in relation to any sum paid in pursuance

of any judgment or order made by a court in the proceedings.

(4) For the purposes of this paragraph sub-paragraphs (5) and (6) of paragraph 14 apply in

relation to an application made by the person mentioned in sub-paragraph (1)(b) above 5

for leave to pay the disputed claim as they apply in relation to an application for leave to

pay a claim (whether it is disputed or otherwise) which is sent in after the period

allowed under paragraph 14(1).

Rights of creditors

16 Nothing in this schedule which prohibits— 10

(a) payments and contracts for payments,

(b) the payment or incurring of referendum expenses in excess of the maximum

amount allowed by this schedule, or

(c) the incurring of expenses not authorised as mentioned in paragraph 12,

affects the right of any creditor, who, when the contract was made or the expense was 15

incurred, was ignorant of that contract or expense being in contravention of this

schedule.

General restriction on referendum expenses

17 (1) This paragraph applies in relation to an individual or body that is not a permitted

participant. 20

(2) The total referendum expenses incurred by or on behalf of an individual or a body to

which this paragraph applies during the referendum period must not exceed £10,000.

(3) Where, during the referendum period, any referendum expenses are incurred by or on

behalf of an individual to which this paragraph applies in excess of the limit imposed by

sub-paragraph (2), the individual commits an offence if the individual knew, or ought 25

reasonably to have known, that the expenses were being incurred in excess of that limit.

(4) An individual who commits an offence under sub-paragraph (3) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or

to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months 30

or to a fine (or both).

(5) Where, during the referendum period, any referendum expenses are incurred by or on

behalf of a body to which this paragraph applies in excess of the limit imposed by sub-

paragraph (2), then—

(a) the body commits an offence, and 35

(b) any person who authorised the expenses to be incurred by or on behalf of the body

also commits an offence if the person knew, or ought reasonably to have known,

that the expenses would be incurred in excess of that limit.

(6) A body or person who commits an offence under sub-paragraph (5) is liable—

Page 84: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

82 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 3—Referendum expenses

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or

to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months

or to a fine (or both).

(7) It is a defence for an individual, body or other person charged with an offence under 5

sub-paragraph (3) or (5) to show—

(a) that any code of practice for the time being issued under paragraph 10(3) was

complied with in determining whether to incur any expenses, and

(b) that the limit would not have been exceeded on the basis of compliance with the

code of practice as it had effect at that time. 10

(8) Sub-paragraph (9) applies where—

(a) before the beginning of the referendum period, any expenses are incurred by or on

behalf of an individual or body to which this paragraph applies in respect of any

property, services or facilities, and

(b) the property, services or facilities is or are made use of by or on behalf of the 15

individual or body during the referendum period in circumstances such that, had

any expenses been incurred in respect of that use during that period, they would

by virtue of paragraph 9(2) have constituted referendum expenses incurred by or

on behalf of the individual or body during that period.

(9) The appropriate proportion of the expenses mentioned in sub-paragraph (8)(a) is to be 20

treated for the purposes of this paragraph as referendum expenses incurred by or on

behalf of the individual or body during that period.

(10) For the purposes of sub-paragraph (9) the appropriate proportion of the expenses

mentioned in paragraph (a) of sub-paragraph (8) is such proportion of those expenses as

is reasonably attributable to the use made of the property, services or facilities as 25

mentioned in paragraph (b) of that sub-paragraph.

Special restrictions on referendum expenses by permitted participants

18 (1) The total referendum expenses incurred by or on behalf of a permitted participant during

the referendum period must not exceed—

(a) if the permitted participant is a designated organisation, £1,500,000, 30

(b) if the permitted participant is not a designated organisation but is a registered

party and has a relevant percentage, whichever is the greater of—

(i) the sum calculated by multiplying the sum of £3,000,000 by the party’s

relevant percentage, or

(ii) £150,000, or 35

(c) if the permitted participant is not a designated organisation nor such a registered

party, £150,000.

(2) For the purposes of sub-paragraph (1)(b)—

(a) a registered party has a relevant percentage if, at the general election for

membership of the Scottish Parliament held in 2011 (―the 2011 election‖), 40

constituency votes were cast for one or more candidates at the election authorised

to use the party’s registered name and regional votes were cast for the party, and

Page 85: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 83

Schedule 4—Campaign rules

Part 3—Referendum expenses

(b) a registered party’s relevant percentage is equal to the sum of—

(i) the total number of constituency votes cast at the 2011 election for the

candidate or candidates mentioned in paragraph (a) expressed as a

percentage of the total number of constituency votes cast at that election for

all candidates, multiplied by 56.6% and rounded to one decimal place, and 5

(ii) the total number of regional votes cast at the 2011 election for the party

expressed as a percentage of the total number of regional votes cast at that

election for all registered parties and individual candidates, multiplied by

43.4% and rounded to one decimal place.

(3) Sub-paragraph (4) applies in the case where, at the 2011 election, a candidate stood for 10

return as a constituency member in the name of more than one registered party.

(4) For the purposes of sub-paragraph (2)(b)(i), the number of constituency votes cast for

the candidate is to be divided equally among each of the registered parties in whose

name the candidate stood.

(5) In sub-paragraphs (2) to (4)— 15

―constituency member‖ has the meaning given in section 126(1) of the Scotland

Act 1998,

―constituency vote‖ means a vote cast for a candidate standing for return as a

constituency member,

―regional vote‖ has the meaning given in section 6(2) of the Scotland Act 1998. 20

(6) Where any referendum expenses are incurred by or on behalf of a permitted participant

during the referendum period in excess of the limit imposed by sub-paragraph (1),

then—

(a) if the permitted participant is a registered party—

(i) the party commits an offence, and 25

(ii) the responsible person or any deputy treasurer of the party also commits an

offence if the person or deputy treasurer authorised the expenses to be

incurred by or on behalf of the party and knew or ought reasonably to have

known that the expenses would be incurred in excess of that limit,

(b) if the permitted participant is an individual, that individual commits an offence if 30

the individual knew or ought reasonably to have known that the expenses would

be incurred in excess of that limit,

(c) if the permitted participant is a body other than a registered party—

(i) the body commits an offence, and

(ii) the responsible person commits an offence if the person authorised the 35

expenses to be incurred by or on behalf of the body and knew or ought

reasonably to have known that the expenses would be incurred in excess of

that limit.

(7) A person who commits an offence under sub-paragraph (6) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum, 40

(b) on conviction on indictment, to a fine.

Page 86: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

84 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 3—Referendum expenses

(8) It is a defence for a permitted participant or other person charged with an offence under

sub-paragraph (6) to show—

(a) that any code of practice for the time being issued under paragraph 10(3) was

complied with in determining the items and amounts of referendum expenses to

be entered in the relevant return under paragraph 20, and 5

(b) that the limit would not have been exceeded on the basis of the items and amounts

entered in that return.

(9) Sub-paragraphs (8) to (10) of paragraph 17 apply for the purposes of this paragraph and

paragraphs 20 to 23 as they apply for the purposes of paragraph 17, but as if references

in them to an individual or body to which that paragraph applies were references to a 10

permitted participant.

(10) For the purposes of this paragraph and paragraphs 20 to 23 any reference to referendum

expenses incurred by or on behalf of a permitted participant during the referendum

period includes any referendum expenses so incurred at any time before the individual

or body became a permitted participant. 15

Referendum expenses incurred as part of common plan

19 (1) This paragraph applies where—

(a) referendum expenses are incurred by or on behalf of an individual or body during

the referendum period,

(b) the expenses are incurred as part of a common plan or other arrangement with one 20

or more other individuals or bodies,

(c) the common plan or arrangement is one whereby referendum expenses are to be

incurred by or on behalf of both or all of the individuals or bodies involved in the

common plan or arrangement with a view to, or otherwise in connection with,

promoting or procuring one particular outcome in the referendum, and 25

(d) there is a designated organisation in respect of each of the possible outcomes in

the referendum.

(2) The expenses referred to in sub-paragraph (1)(a) are to be treated for the purposes of

paragraphs 17 and 18 and 20 to 23 as having also been incurred by each of the other

individuals or bodies involved in the common plan or arrangement. 30

(3) This paragraph applies whether or not any of the individuals or bodies involved in the

common plan or arrangement is a permitted participant.

(4) But this paragraph does not treat any expenses incurred by or on behalf of a permitted

participant that is a designated organisation as having been incurred also by or on behalf

of any other individual or body. 35

Returns as to referendum expenses

20 (1) The responsible person in relation to a permitted participant must make a return under

this paragraph in respect of any referendum expenses incurred by or on behalf of the

permitted participant during the referendum period.

(2) A return under this paragraph must contain— 40

Page 87: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 85

Schedule 4—Campaign rules

Part 3—Referendum expenses

(a) a statement of all payments made in respect of referendum expenses incurred by

or on behalf of the permitted participant during the referendum period,

(b) a statement of all disputed claims (within the meaning of paragraph 15),

(c) a statement of all the unpaid claims (if any) of which the responsible person is

aware in respect of which an application has been made, or is about to be made, to 5

the Electoral Commission under paragraph 14(5), and

(d) in a case where the permitted participant either is not a registered party or is a

minor party—

(i) the statement required by paragraph 38, and

(ii) a statement of regulated transactions entered into in respect of the 10

referendum which complies with the requirements of paragraphs 52 to 56.

(3) A return under this paragraph must be accompanied by—

(a) all invoices or receipts relating to the payments mentioned in sub-paragraph

(2)(a), and

(b) in the case of any referendum expenses treated as incurred by virtue of paragraph 15

11, any declaration falling to be made with respect to those expenses in

accordance with paragraph 11(8).

(4) Sub-paragraphs (2) and (3) do not apply to any referendum expenses incurred at any

time before the individual or body became a permitted participant, but the return must

be accompanied by a declaration made by the responsible person of the total amount of 20

such expenses incurred at any such time.

(5) Sub-paragraph (6) applies where the responsible person in relation to a permitted

participant makes a declaration that, to the best of the person’s knowledge and belief—

(a) no referendum expenses have been incurred by or on behalf of a permitted

participant during the referendum period, or 25

(b) the total amount of such expenses incurred by or on behalf of a permitted

participant during that period does not exceed £10,000.

(6) The responsible person in relation to the permitted participant—

(a) is not required to make a return under this paragraph, but

(b) must instead deliver the declaration referred to in sub-paragraph (5) to the 30

Electoral Commission within the period of 3 months beginning with the end of the

referendum period.

(7) The responsible person commits an offence if—

(a) without reasonable excuse, the person fails to comply with the requirements of

sub-paragraph (6) in relation to a declaration, or 35

(b) the person knowingly or recklessly makes a false declaration under that sub-

paragraph.

(8) A person who commits an offence under sub-paragraph (7)(a) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

(9) A person who commits an offence under sub-paragraph (7)(b) is liable— 40

Page 88: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

86 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 3—Referendum expenses

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or

to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months

or to a fine (or both).

(10) The Electoral Commission may issue guidance about the form of return to be used for 5

the purposes of this paragraph.

Auditor’s report on return

21 (1) Where the return prepared under paragraph 20 in respect of the referendum expenses

incurred by or on behalf of a permitted participant indicates that the expenses incurred

exceed £250,000, a report must be prepared by a qualified auditor on the return. 10

(2) If it appears to the Electoral Commission that the permitted participant has failed to

appoint a qualified auditor within the period of 3 months beginning with the end of the

referendum period to carry out an audit under this paragraph, the Commission may

appoint a qualified auditor to carry out the audit.

(3) The expenses of any audit carried out under this paragraph by a qualified auditor 15

appointed by the Commission, including the auditor’s remuneration, may be recovered

by the Commission from the permitted participant.

(4) An auditor appointed by the Commission to carry out an audit under this paragraph—

(a) has a right of access at all reasonable times to such books, documents and other

records of the permitted participant as the auditor thinks necessary for purpose of 20

carrying out of the audit,

(b) is entitled to require from the responsible person in relation to the permitted

participant such information and explanations as the auditor thinks necessary for

that purpose.

(5) If a person fails to provide the auditor with any access, information or explanation to 25

which the auditor has a right or is entitled by virtue of sub-paragraph (4), the

Commission may give the person such written directions as they consider appropriate

for ensuring that the failure is remedied.

(6) If the person fails to comply with the directions, the Court of Session may, on the

application of the Commission, deal with the person as if the person had failed to 30

comply with an order of the Court.

(7) A person commits an offence if the person knowingly or recklessly makes to an auditor

appointed by the Electoral Commission to carry out an audit under this paragraph a

statement (whether written or oral) which—

(a) conveys or purports to convey any information or explanation to which the auditor 35

is entitled by virtue of sub-paragraph (4), and

(b) is misleading, false or deceptive in a material particular.

(8) A person who commits an offence under sub-paragraph (7) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or

to a fine not exceeding the statutory maximum (or both), 40

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months

or to a fine (or both).

Page 89: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 87

Schedule 4—Campaign rules

Part 3—Referendum expenses

Delivery of returns to Electoral Commission

22 (1) Sub-paragraph (2) applies where—

(a) a return falls to be prepared under paragraph 20 in respect of referendum expenses

incurred by or on behalf of a permitted participant, and

(b) an auditor’s report on it falls to be prepared under paragraph 21. 5

(2) The responsible person must deliver the return to the Electoral Commission, together

with a copy of the auditor’s report, within the period of 6 months beginning with the end

of the referendum period.

(3) In the case of any other return falling to be prepared under paragraph 20, the responsible

person must deliver the return to the Commission within the period of 3 months 10

beginning with the end of the referendum period.

(4) Where, after the date on which a return is delivered to the Commission under this

paragraph, leave is given by the Commission under paragraph 14(5) for any claim to be

paid, the responsible person must, within the period of 7 days after the payment, deliver

to the Commission a return of any sums paid in pursuance of the leave accompanied by 15

a copy of the Commission’s decision giving the leave.

(5) The responsible person commits an offence if, without reasonable excuse, the person—

(a) fails to comply with the requirements of sub-paragraph (2) or (3) in relation to a

return under paragraph 20,

(b) delivers a return which does not comply with the requirements of paragraph 20(2) 20

or (3), or

(c) fails to comply with the requirements of sub-paragraph (4) in relation to a return

under that sub-paragraph.

(6) A person who commits an offence under sub-paragraph (5)(a) or (c) is liable on

summary conviction to a fine not exceeding level 5 on the standard scale. 25

(7) A person who commits an offence under sub-paragraph (5)(b) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or

to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months

or to a fine (or both). 30

Declaration of responsible person as to return under paragraph 20

23 (1) Each return prepared under paragraph 20 in respect of referendum expenses incurred by

or on behalf of a permitted participant must be accompanied by a declaration which

complies with sub-paragraph (2) and is signed by the responsible person.

(2) The declaration must state— 35

(a) that the responsible person has examined the return in question, and

(b) that to the best of the responsible person’s knowledge and belief—

(i) it is a complete and correct return as required by law, and

Page 90: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

88 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 3—Referendum expenses

(ii) all expenses shown in it as paid have been paid by the responsible person or

a person authorised by the responsible person.

(3) In a case where the permitted participant either is not a registered party or is a minor

party, the declaration must also—

(a) in relation to all relevant donations recorded in the return as having been received 5

by the permitted participant—

(i) state that they were all from permissible donors, or

(ii) state whether or not paragraph 34(3) was complied with in the case of each

of those donations that was not from a permissible donor,

(b) in relation to all regulated transactions entered in the return as having been entered 10

into by the permitted participant—

(i) state that none of the transactions was made void by paragraph 46(2) or (6),

or

(ii) state whether or not paragraph 46(3)(a) was complied with in the case of

each of the transactions that was made void by paragraph 46(2) or (6). 15

(4) A person commits an offence if—

(a) the person knowingly or recklessly makes a false declaration under this paragraph,

or

(b) sub-paragraph (1) is contravened at a time when the person is the responsible

person in the case of the permitted participant to which the return relates. 20

(5) A person who commits an offence under sub-paragraph (4) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or

to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months

or to a fine (or both). 25

(6) In this paragraph ―relevant donation‖ has the same meaning as in paragraph 28.

Public inspection of returns under paragraph 20

24 (1) Where the Electoral Commission receive any return under paragraph 20 they must—

(a) as soon as reasonably practicable after receiving the return, make a copy of the

return and of the documents accompanying it available for public inspection, and 30

(b) keep any such copy available for public inspection for the period for which the

return or other document is kept by them.

(2) If the return contains a statement of relevant donations or a statement of regulated

transactions in accordance with paragraph 20(2)(d) the Commission must secure that the

copy of the statement made available for public inspection does not include— 35

(a) in the case of any donation by an individual, the donor’s address,

(b) in the case of a transaction entered into by the permitted participant with an

individual, the individual’s address.

(3) At the end of the period of two years beginning with the date when any return or other

document mentioned in sub-paragraph (1) is received by the Commission— 40

Page 91: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 89

Schedule 4—Campaign rules

Part 4—Publications

(a) they may cause the return or other document to be destroyed, but

(b) if requested to do so by the responsible person in the case of the permitted

participant concerned, they must arrange for the return or other document to be

returned to that person.

PART 4 5

PUBLICATIONS

Restriction on publication etc. of promotional material by central and local government etc.

25 (1) This paragraph applies to any material which—

(a) provides general information about the referendum,

(b) deals with any of the issues raised by the referendum question, 10

(c) puts any arguments for or against any outcome, or

(d) is designed to encourage voting at the referendum.

(2) Subject to sub-paragraph (3), no material to which this paragraph applies is to be

published during the relevant period by or on behalf of—

(a) the Scottish Ministers or any other part of the Scottish Administration, 15

(b) the SPCB, or

(c) any Scottish public authority with mixed functions or no reserved functions

(within the meaning of the Scotland Act 1998).

(3) Sub-paragraph (2) does not apply to—

(a) material made available to persons in response to specific requests for information 20

or to persons specifically seeking access to it,

(b) anything done by or on behalf of—

(i) a designated organisation,

(ii) the Electoral Commission, or

(iii) the Chief Counting Officer or any other counting officer, or 25

(c) the publication of information relating to the holding of the poll.

(4) In this paragraph—

―publish‖ means make available to the public at large, or any section of the public,

in whatever form and by whatever means (and ―publication‖ is to be construed

accordingly), 30

―the relevant period‖ means the period of 28 days ending with the day before the

date of the referendum.

Details to appear on referendum material

26 (1) No material wholly or mainly relating to the referendum is to be published during the

referendum period unless— 35

Page 92: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

90 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 4—Publications

(a) in the case of material which is, or is contained in, such a printed document as is

mentioned in sub-paragraph (3), (4) or (5), the requirements of that sub-paragraph

are complied with, or

(b) in the case of any other material, the requirements of sub-paragraph (6) are

complied with. 5

(2) For the purposes of sub-paragraphs (3) to (5) the following details are ―the relevant

details‖ in the case of any material falling within sub-paragraph (1)(a), namely—

(a) the name and address of the printer of the document,

(b) the name and address of the promoter of the material, and

(c) the name and address of any person on behalf of whom the material is being 10

published (and who is not the promoter).

(3) Where the material is a document consisting (or consisting principally) of a single side

of printed matter, the relevant details must appear on the face of the document.

(4) Where the material is a printed document other than one to which sub-paragraph (3)

applies, the relevant details must appear on either the first or last page of the document. 15

(5) Where the material is an advertisement contained in a newspaper or periodical—

(a) the name and address of the printer of the newspaper or periodical must appear on

either its first or last page, and

(b) the relevant details specified in sub-paragraph (2)(b) and (c) must be included in

the advertisement. 20

(6) In the case of material falling within sub-paragraph (1)(b), the following details,

namely—

(a) the name and address of the promoter of the material, and

(b) the name and address of any person on behalf of whom the material is being

published (and who is not the promoter), 25

must be included in the material unless it is not reasonably practicable to include the

details.

(7) Where during the referendum period any material falling within sub-paragraph (1)(a) is

published in contravention of sub-paragraph (1), then the following persons commit an

offence, namely— 30

(a) the promoter of the material,

(b) any other person by whom the material is so published, and

(c) the printer of the document.

(8) Where during the referendum period any material falling within sub-paragraph (1)(b) is

published in contravention of sub-paragraph (1), then the following persons commit an 35

offence, namely—

(a) the promoter of the material, and

(b) any other person by whom the material is so published.

(9) A person who commits an offence under sub-paragraph (7) or (8) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale. 40

Page 93: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 91

Schedule 4—Campaign rules

Part 5—Control of donations

(10) It is a defence for a person charged with an offence under sub-paragraph (7) or (8) to

show—

(a) that the offence arose from circumstances beyond the person’s control, and

(b) that the person took all reasonable steps, and exercised all due diligence, to ensure

that that an offence under this paragraph would not be committed. 5

(11) Sub-paragraph (1) does not apply to any material published for the purposes of the

referendum if the publication is required under or by virtue of any enactment.

(12) In this paragraph—

―print‖ means print by whatever means, and ―printer‖ is to be construed

accordingly, 10

―the promoter‖, in relation to any material falling within sub-paragraph (1), means

the person causing the material to be published,

―publish‖ means make available to the public at large, or any section of the public,

in whatever form and by whatever means.

Display of advertisements 15

27 The Town and Country Planning (Control of Advertisements) (Scotland) Regulations

1984 (SI 1984/467) have effect in relation to the display on any site in Scotland of an

advertisement relating specifically to the referendum as they have effect in relation to

the display of an advertisement relating specifically to a Parliamentary election.

PART 5 20

CONTROL OF DONATIONS

Operation and interpretation of this Part

28 (1) This Part has effect for controlling donations to permitted participants that either are not

registered parties or are minor parties.

(2) The following provisions have effect for the purposes of this Part. 25

(3) In accordance with sub-paragraph (1) ―permitted participant‖ does not include a

permitted participant that is a registered party other than a minor party.

(4) ―Relevant donation‖, in relation to a permitted participant, means a donation to the

permitted participant for the purpose of meeting referendum expenses incurred by or on

behalf of the permitted participant. 30

(5) ―Donation‖ is to be construed in accordance with paragraphs 29 to 31.

(6) In relation to donations received by a permitted participant other than a designated

organisation, references to a permissible donor do not include a registered party.

(7) Where any provision of this Part refers to a donation for the purpose of meeting a

particular kind of expenses incurred by or on behalf of a permitted participant— 35

(a) the reference includes a reference to a donation for the purpose of securing that

any such expenses are not so incurred, and

Page 94: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

92 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 5—Control of donations

(b) a donation is to be taken to be a donation for either of those purposes if, having

regard to all the circumstances, it must reasonably be assumed to be such a

donation.

(8) Sub-paragraphs (9) and (10) apply to any provision of this Part which provides, in

relation to a permitted participant, that money spent (otherwise than by or on behalf of 5

the permitted participant) in paying expenses incurred directly or indirectly by the

permitted participant is to constitute a donation to the permitted participant.

(9) The reference in any such provision to money so spent is a reference to money so spent

by a person, other than the permitted participant, out of the person’s own resources (with

no right to reimbursement out of the resources of the permitted participant). 10

(10) Where by virtue of any such provision any amount of money so spent constitutes a

donation to the permitted participant, the permitted participant is to be treated as

receiving an equivalent amount on the date on which the money is paid to the creditor in

respect of the expenses in question.

(11) For the purposes of this Part, it is immaterial whether a donation received by a permitted 15

participant is so received in Scotland or elsewhere.

Donations: general rules

29 (1) ―Donation‖, in relation to a permitted participant, means (subject to paragraph 31)—

(a) a gift to the permitted participant of money or other property,

(b) any sponsorship provided in relation to the permitted participant (as defined by 20

paragraph 30),

(c) any money spent (otherwise than by or on behalf of the permitted participant) in

paying any referendum expenses incurred by or on behalf of the permitted

participant,

(d) the provision otherwise than on commercial terms of any property, services or 25

facilities for the use or benefit of the permitted participant (including the services

of any person),

(e) in the case of a permitted participant other than an individual, any subscription or

other fee paid for affiliation to, or membership of, the permitted participant.

(2) Where— 30

(a) any money or other property is transferred to a permitted participant pursuant to

any transaction or arrangement involving the provision by or on behalf of the

permitted participant of any property, services or facilities or other consideration

of monetary value, and

(b) the total value in monetary terms of the consideration so provided by or on behalf 35

of the permitted participant is less than the value of the money or (as the case may

be) the market value of the property transferred,

the transfer of the money or property is (subject to sub-paragraph (4)) to be taken to be a

gift to the permitted participant for the purposes of sub-paragraph (1)(a).

Page 95: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 93

Schedule 4—Campaign rules

Part 5—Control of donations

(3) In determining for the purposes of sub-paragraph (1)(d) whether any property, services

or facilities provided for the use or benefit of a permitted participant is or are so

provided otherwise than on commercial terms, regard must be had to the total value in

monetary terms of the consideration provided by or on behalf of the permitted

participant in respect of the provision of the property, services or facilities. 5

(4) Where (apart from this sub-paragraph) anything would be a donation both by virtue of

sub-paragraph (1)(b) and by virtue of any other provision of this paragraph, sub-

paragraph (1)(b) (together with paragraph 30) applies in relation to it to the exclusion of

the other provision of this paragraph.

(5) Anything given or transferred to any officer, member, trustee or agent of a permitted 10

participant in the officer’s, member’s, trustee’s or agent’s capacity as such (and not for

the officer’s, member’s, trustee’s or agent’s own use or benefit) is to be regarded as

given or transferred to the permitted participant (and references to donations received by

a permitted participant accordingly include donations so given or transferred).

(6) In this paragraph— 15

(a) any reference to anything being given or transferred to a permitted participant or

any other person is a reference to its being given or transferred either directly or

indirectly through any third person,

(b) ―gift‖ includes bequest.

Sponsorship 20

30 (1) For the purposes of this schedule sponsorship is provided in relation to a permitted

participant if—

(a) any money or other property is transferred to the permitted participant or to any

person for the benefit of the permitted participant, and

(b) the purpose (or one of the purposes) of the transfer is (or must, having regard to 25

all the circumstances, reasonably be assumed to be)—

(i) to help the permitted participant with meeting, or to meet, to any extent any

defined expenses incurred or to be incurred by or on behalf of the permitted

participant, or

(ii) to secure that to any extent any such expenses are not so incurred. 30

(2) In sub-paragraph (1) ―defined expenses‖ means expenses in connection with—

(a) any conference, meeting or other event organised by or on behalf of the permitted

participant,

(b) the preparation, production or dissemination of any publication by or on behalf of

the permitted participant, or 35

(c) any study or research organised by or on behalf of the permitted participant.

(3) The following do not, however, constitute sponsorship by virtue of sub-paragraph (1)—

(a) the making of any payment in respect of—

(i) any charge for admission to any conference, meeting or other event, or

(ii) the purchase price of, or any other charge for access to, any publication, 40

Page 96: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

94 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 5—Control of donations

(b) the making of any payment in respect of the inclusion of an advertisement in any

publication where the payment is made at the commercial rate payable for the

inclusion of such an advertisement in any such publication.

(4) In this paragraph ―publication‖ means a publication made available in whatever form

and by whatever means (whether or not to the public at large or any section of the 5

public).

Payments etc. not to be regarded as donations

31 (1) None of the following is to be regarded as a donation—

(a) any grant provided out of public funds,

(b) the provision of any rights conferred on a designated organisation (or persons 10

authorised by a designated organisation) by virtue of—

(i) paragraph 7 or 8, or

(ii) paragraph 1 of Schedule 12 (right to send referendum address post free) to

the 2000 Act (as applied by article 4 of the Scotland Act 1998

(Modification of Schedule 5) Order 2013 (SI 2013/242)), 15

(c) the transmission by a broadcaster of a referendum campaign broadcast,

(d) the provision by an individual of the individual’s own services which the

individual provides voluntarily in the individual’s own time and free of charge, or

(e) any interest accruing to a permitted participant in respect of any donation which is

dealt with by the permitted participant in accordance with paragraph 34(3)(a) or 20

(b).

(2) Any donation the value of which (as determined in accordance with paragraph 32) does

not exceed £500 is to be disregarded.

Value of donations

32 (1) The value of any donation falling within paragraph 29(1)(a) (other than money) is to be 25

taken to be the market value of the property in question.

(2) Where, however, paragraph 29(1)(a) applies by virtue of paragraph 29(2), the value of

the donation is to be taken to be the difference between—

(a) the value of the money, or (as the case may be) the market value of the property,

in question, and 30

(b) the total value in monetary terms of the consideration provided by or on behalf of

the permitted participant.

(3) The value of any donation falling within paragraph 29(1)(b) is to be taken to be the

value of the money, or (as the case may be) the market value of the property, transferred

as mentioned in paragraph 30(1) and accordingly any value in monetary terms of any 35

benefit conferred on the person providing the sponsorship in question is to be

disregarded.

(4) The value of any donation falling within paragraph 29(1)(d) is to be taken to be the

amount representing the difference between—

Page 97: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 95

Schedule 4—Campaign rules

Part 5—Control of donations

(a) the total value in monetary terms of the consideration that would have had to be

provided by or on behalf of the permitted participant in respect of the provision of

the property, services or facilities if the property, services or facilities had been

provided on commercial terms, and

(b) the total value in monetary terms of the consideration (if any) actually so provided 5

by or on behalf of the permitted participant.

(5) Where a donation such as is mentioned in sub-paragraph (4) confers an enduring benefit

on the donee over a particular period, the value of the donation—

(a) is to be determined at the time when it is made, but

(b) is to be so determined by reference to the total benefit accruing to the donee over 10

that period.

Prohibition on accepting donations from impermissible donors

33 (1) A relevant donation received by a permitted participant must not be accepted by the

permitted participant if—

(a) the person by whom the donation would be made is not, at the time of its receipt 15

by the permitted participant, a permissible donor, or

(b) the permitted participant is (whether because the donation is given anonymously

or by reason of any deception or concealment or otherwise) unable to ascertain the

identity of the person offering the donation.

(2) For the purposes of this schedule, any relevant donation received by a permitted 20

participant which is an exempt trust donation is to be regarded as a relevant donation

received by the permitted participant from a permissible donor.

(3) But, for the purposes of this schedule, any relevant donation received by a permitted

participant from a trustee of any property (in the trustee’s capacity as such) which is

not— 25

(a) an exempt trust donation, or

(b) a relevant donation transmitted by the trustee to the permitted participant on

behalf of beneficiaries under the trust who are—

(i) persons who at the time of its receipt by the permitted participant are

permissible donors, or 30

(ii) the members of an unincorporated association which at that time is a

permissible donor,

is to be regarded as a relevant donation received by the permitted participant from a

person who is not a permissible donor.

(4) Where any person (―the principal donor‖) causes an amount (―the principal donation‖) 35

to be received by a permitted participant by way of a relevant donation—

(a) on behalf of the principal donor and one or more other persons, or

(b) on behalf of two or more other persons,

then for the purposes of this schedule each individual contribution by a person falling

within paragraph (a) or (b) which exceeds £500 is to be treated as if it were a separate 40

donation received from that person.

Page 98: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

96 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 5—Control of donations

(5) In relation to each such separate donation, the principal donor must ensure that, at the

time when the principal donation is received by the permitted participant, the

responsible person is given—

(a) (except in the case of a donation which the principal donor is treated as making)

all such details in respect of the person treated as making the donation as are 5

required by virtue of paragraph 39(1)(c) to be given in respect of the donor of a

donation to which that paragraph applies, and

(b) (in any case) all such details in respect of the donation as are required by virtue of

paragraph 39(1)(a).

(6) Where— 10

(a) any person (―the agent‖) causes an amount to be received by a permitted

participant by way of a donation on behalf of another person (―the donor‖), and

(b) the amount of the donation exceeds £500,

the agent must ensure that, at the time when the donation is received by the permitted

participant, the responsible person is given all such details in respect of the donor as are 15

required by virtue of paragraph 39(1)(c) to be given in respect of the donor of a donation

to which that paragraph applies.

(7) A person commits an offence if, without reasonable excuse, the person fails to comply

with sub-paragraph (5) or (6).

(8) A person who commits an offence under sub-paragraph (7) is liable— 20

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or

to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months

or to a fine (or both).

Acceptance or return of donations 25

34 (1) Sub-paragraph (2) applies where—

(a) a donation is received by a permitted participant, and

(b) it is not immediately decided that the permitted participant should (for whatever

reason) refuse the donation.

(2) All reasonable steps must be taken without delay by or on behalf of the permitted 30

participant to verify (or, so far as any of the following is not apparent, ascertain)—

(a) the identity of the donor,

(b) whether the donor is a permissible donor, and

(c) if it appears that the donor is a permissible donor, all such details in respect of the

donor as are required by virtue of paragraph 39(1)(c) to be included in a statement 35

under paragraph 38 in respect of a relevant donation.

(3) If a permitted participant receives a donation which the permitted participant is

prohibited from accepting by virtue of paragraph 33(1), or which it is decided the

permitted participant should refuse, then—

Page 99: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 97

Schedule 4—Campaign rules

Part 5—Control of donations

(a) unless the donation falls within paragraph 33(1)(b), the donation, or a payment of

an equivalent amount, must be sent back to the person who made the donation or

any person appearing to be acting on that person’s behalf,

(b) if the donation falls within that paragraph, the required steps (see paragraph 35(1))

must be taken in relation to the donation, 5

within the period of 30 days beginning with the date when the donation is received by

the permitted participant.

(4) The permitted participant and the responsible person each commit an offence if—

(a) sub-paragraph (3)(a) applies in relation to a donation, and

(b) the donation is not dealt with in accordance with that sub-paragraph. 10

(5) It is a defence for a permitted participant or responsible person charged with an offence

under sub-paragraph (4) to show that—

(a) all reasonable steps were taken by or on behalf of the permitted participant to

verify (or ascertain) whether the donor was a permissible donor, and

(b) as a result, the responsible person believed the donor to be a permissible donor. 15

(6) The responsible person in relation to a permitted participant commits an offence if—

(a) sub-paragraph (3)(b) applies in relation to a donation, and

(b) the donation is not dealt with in accordance with that sub-paragraph.

(7) A person who commits an offence under sub-paragraph (4) or (6) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or 20

to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months

or to a fine (or both).

(8) For the purposes of this schedule, a donation received by a permitted participant is to be

taken to have been accepted by the permitted participant unless— 25

(a) it is dealt with in accordance with sub-paragraph (3), and

(b) a record can be produced of the receipt of the donation and of its having been

dealt in accordance with that sub-paragraph.

(9) Where a donation is received by a permitted participant in the form of an amount paid

into an account held by the permitted participant with a financial institution, it is to be 30

taken for the purposes of this schedule to have been received by the permitted

participant at the time when the permitted participant is notified in the usual way of the

payment into the account.

Return of donation where donor unidentifiable

35 (1) For the purposes of paragraph 34(3)(b), the required steps are— 35

(a) if the donation was transmitted by a person other than the donor and the identity

of that person is apparent, to return the donation to that person,

(b) if paragraph (a) does not apply but it is apparent that the donor has, in connection

with the donation, used any facility provided by an identifiable financial

institution, to return the donation to that institution, or 40

Page 100: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

98 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 5—Control of donations

(c) in any other case, to send the donation to the Electoral Commission.

(2) In sub-paragraph (1) any reference to returning or sending a donation to any person or

body includes a reference to sending a payment of an equivalent amount to that person

or body.

(3) Any amount sent to the Electoral Commission in pursuance of sub-paragraph (1)(c) is to 5

be paid by the Commission into the Scottish Consolidated Fund.

Forfeiture of donations made by impermissible or unidentifiable donors

36 (1) This paragraph applies to any donation received by a permitted participant—

(a) which, by virtue of paragraph 33(1), the permitted participant is prohibited from

accepting, but 10

(b) which has been accepted by the permitted participant.

(2) A sheriff may, on the application of the Electoral Commission, order the forfeiture by

the permitted participant of an amount equal to the value of the donation.

(3) An order may be made under this paragraph whether or not proceedings are brought

against any person for an offence connected with the donation. 15

(4) Proceedings on an application for an order under this paragraph are civil proceedings

and, accordingly, the standard of proof that applies is that applicable in civil

proceedings.

(5) The permitted participant may appeal to the Court of Session against an order made

under this paragraph. 20

(6) Rules of court may make provision—

(a) with respect to applications and appeals under this paragraph,

(b) for the giving of notice of such applications or appeals to persons affected by

them,

(c) for the sisting of such persons as parties, 25

(d) generally with respect to procedure in such applications or appeals.

(7) An amount forfeited by virtue of an order under this paragraph is to be paid into the

Scottish Consolidated Fund.

(8) Sub-paragraph (7) does not apply—

(a) where an appeal is made under sub-paragraph (5), before the appeal is determined 30

or otherwise disposed of, or

(b) in any other case, before the end of any period within which, in accordance with

rules of court, an appeal under sub-paragraph (5) is to be made.

Evasion of restrictions on donations

37 (1) A person commits an offence if the person— 35

(a) knowingly enters into, or

(b) knowingly does any act in furtherance of,

Page 101: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 99

Schedule 4—Campaign rules

Part 5—Control of donations

any arrangement which facilitates or is likely to facilitate, whether by means of any

concealment or disguise or otherwise, the making of relevant donations to a permitted

participant by any person or body other than a permissible donor.

(2) A person commits an offence if the person—

(a) knowingly gives the responsible person in relation to a permitted participant any 5

information relating to—

(i) the amount of any relevant donation made to the permitted participant, or

(ii) the person or body making such a donation,

which is false in a material particular, or

(b) with intent to deceive, withholds from the responsible person in relation to a 10

permitted participant any material information relating to a matter within

paragraph (a)(i) or (ii).

(3) A person who commits an offence under this paragraph is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or

to a fine not exceeding the statutory maximum (or both), 15

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months

or to a fine (or both).

Statement of relevant donations

38 The responsible person in relation to a permitted participant must include in any return

required to be prepared under paragraph 20 a statement of relevant donations which 20

complies with paragraphs 39 and 40.

Donations from permissible donors

39 (1) The statement must record, in relation to each relevant donation falling within sub-

paragraph (2) which is accepted by the permitted participant—

(a) the amount of the donation (if a donation of money, in cash or otherwise) or (in 25

any other case) the nature of the donation and its value as determined in

accordance with paragraph 32,

(b) the date when the donation was accepted by the permitted participant, and

(c) the information about the donor which is, in connection with recordable donations

to registered parties, required to be recorded in donation reports by virtue of 30

paragraph 2 of Schedule 6 to the 2000 Act.

(2) Sub-paragraph (1) applies to a relevant donation where—

(a) the value of the donation exceeds £7,500, or

(b) the value of it and any other relevant benefit or benefits exceeds that amount.

In paragraph (b) ―relevant benefit‖ means any relevant donation or regulated transaction 35

(with the meaning of paragraph 42(4)) made by or entered into with the person who

made the donation.

(3) The statement must also record the total value of any relevant donations, other than

those falling within sub-paragraph (2), which are accepted by the permitted participant.

Page 102: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

100 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 5—Control of donations

(4) In the case of a donation made by an individual who has an anonymous entry in an

electoral register if the statement states that the permitted participant has seen evidence

that the individual has such an anonymous entry, the statement must be accompanied by

a copy of the evidence.

Donations from impermissible or unidentifiable donors 5

40 (1) This paragraph applies to relevant donations falling within paragraph 33(1)(a) or (b).

(2) Where paragraph 33(1)(a) applies, the statement must record—

(a) the name and address of the donor,

(b) the amount of the donation (if a donation of money, in cash or otherwise) or (in

any other case) the nature of the donation and its value as determined in 10

accordance with paragraph 32, and

(c) the date when the donation was received, and the date when, and the manner in

which, it was dealt with in accordance with paragraph 34(3)(a).

(3) Where paragraph 33(1)(b) applies, the statement must record—

(a) details of the manner in which the donation was made, 15

(b) the amount of the donation (if a donation of money, in cash or otherwise) or (in

any other case) the nature of the donation and its value as determined in

accordance with paragraph 32, and

(c) the date when the donation was received, and the date when, and the manner in

which, it was dealt with in accordance with paragraph 34(3)(b). 20

Donation reports during referendum period

41 (1) The responsible person in relation to a permitted participant must prepare a report under

this paragraph in respect of each of the following periods—

(a) the period of 4 weeks beginning with the day on which the referendum period

starts, 25

(b) each of the two succeeding periods of 4 weeks during the referendum period, and

(c) the period from the end of the second of the periods referred to in paragraph (b)

until the end of the seventh day before the day by which the report is to be

delivered to the Electoral Commission (―the final period‖).

(2) The report for a period must record, in relation to each relevant donation of more than 30

£7,500 which is received by the permitted participant during the period—

(a) the amount of the donation (if a donation of money, in cash or otherwise) or (in

any other case) the nature of the donation and its value as determined in

accordance with paragraph 32,

(b) the date when the donation was received by the permitted participant, and 35

(c) the information about the donor which is, in connection with recordable donations

to registered parties, required to be recorded in weekly donation reports by virtue

of paragraph 3 of Schedule 6 to the 2000 Act.

(3) If during any period no relevant donations of more than £7,500 were received by the

permitted participant, the report for the period must contain a statement of that fact. 40

Page 103: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 101

Schedule 4—Campaign rules

Part 6—Control of loans and credit

(4) A report under this paragraph must be delivered by the responsible person to the

Electoral Commission—

(a) in the case the report in respect of a period other than the final period, within the

period of 7 days beginning with the end of the period to which the report relates,

(b) in the case of the report in respect of the final period, by the end of the fourth day 5

before the date of the referendum.

(5) For the purpose of paragraph (4)(b), the following days are to be disregarded—

(a) a Saturday or Sunday,

(b) Christmas Eve or Christmas Day,

(c) a day which is a bank holiday in Scotland under the Banking and Financial 10

Dealings Act 1971.

(6) If, in relation to a donation made by an individual who has an anonymous entry in an

electoral register, a report under this paragraph contains a statement that the permitted

participant has seen evidence that the individual has such an anonymous entry, the

report must be accompanied by a copy of the evidence. 15

(7) The responsible person commits an offence if, without reasonable excuse, the person—

(a) fails to comply with the requirements of sub-paragraph (4) in relation to a report

under this paragraph,

(b) delivers a report to the Electoral Commission that does not comply with the

requirements of sub-paragraphs (2), (3) or (6). 20

(8) A person who commits an offence under sub-paragraph (7)(a) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

(9) A person who commits an offence under sub-paragraph (7)(b) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or

to a fine not exceeding the statutory maximum (or both), 25

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months

or to a fine (or both).

PART 6

CONTROL OF LOANS AND CREDIT

Operation of Part 30

42 (1) This Part has effect for controlling regulated transactions entered into by permitted

participants that either are not registered parties or are minor parties.

(2) The following provisions have effect for the purposes of this Part.

(3) In accordance with sub-paragraph (1), ―permitted participant‖ does not include a

permitted participant which is a registered party other than a minor party. 35

(4) ―Regulated transaction‖ has the meaning given by paragraph 43.

(5) In relation to transactions entered into by a permitted participant other than a designated

organisation, the reference in paragraph 45(2) to a permissible donor does not include a

registered party.

Page 104: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

102 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 6—Control of loans and credit

Regulated transactions

43 (1) An agreement between a permitted participant and another person by which the other

person makes a loan of money to the permitted participant is a regulated transaction if

the use condition is satisfied.

(2) An agreement between a permitted participant and another person by which the other 5

person provides a credit facility to the permitted participant is a regulated transaction if

the use condition is satisfied.

(3) Where—

(a) a permitted participant and another person (―A‖) enter into a regulated transaction

of a description mentioned in sub-paragraph (1) or (2), or a transaction under 10

which any property, services or facilities are provided for the use or benefit of the

permitted participant (including the services of any person),

(b) A also enters into an arrangement whereby another person (―B‖) gives any form

of security (whether real or personal) for a sum owed to A by the permitted

participant under the transaction mentioned in paragraph (a), and 15

(c) the use condition is satisfied,

the arrangement is a regulated transaction.

(4) An agreement or arrangement is also a regulated transaction if—

(a) the terms of the agreement or arrangement as first entered into do not constitute a regulated transaction by virtue of sub-paragraph (1), (2) or (3), but 20

(b) the terms are subsequently varied in such a way that the agreement or arrangement

becomes a regulated transaction.

(5) The use condition is that the permitted participant intends at the time of entering into a

transaction mentioned in sub-paragraph (1), (2) or (3)(a) to use any money or benefit

obtained in consequence of the transaction for meeting referendum expenses incurred by 25

or on behalf of the permitted participant.

(6) For the purposes of sub-paragraph (5), it is immaterial that only part of the money or

benefit is intended to be used for meeting referendum expenses incurred by or on behalf

of the permitted participant.

(7) References in sub-paragraphs (1) and (2) to a permitted participant include references to 30

an officer, member, trustee or agent of the permitted participant if that person makes the

agreement as such.

(8) References in sub-paragraph (3) to a permitted participant include references to an

officer, member, trustee or agent of the permitted participant if the property, services or

facilities are provided to that person as such, or the sum is owed by that person as such. 35

(9) A reference to a connected transaction is a reference to the transaction mentioned in sub-

paragraph (3)(b).

(10) In this paragraph a reference to anything being done by or in relation to a permitted

participant or a person includes a reference to its being done directly or indirectly

through a third person. 40

Page 105: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 103

Schedule 4—Campaign rules

Part 6—Control of loans and credit

(11) A credit facility is an agreement whereby a permitted participant is enabled to receive

from time to time from another party to the agreement a loan of money not exceeding

such amount (taking account of any repayments made by the permitted participant) as is

specified in or determined in accordance with the agreement.

(12) An agreement or arrangement is not a regulated transaction— 5

(a) to the extent that a payment made in pursuance of the agreement or arrangement

falls, by virtue of paragraph 38, to be included in a return under paragraph 20, or

(b) if its value does not exceed £500.

Valuation of regulated transaction

44 (1) The value of a regulated transaction which is a loan is the value of the total amount to be 10

lent under the loan agreement.

(2) The value of a regulated transaction which is a credit facility is the maximum amount

which may be borrowed under the agreement for the facility.

(3) The value of a regulated transaction which is an arrangement by which any form of

security is given is the contingent liability under the security provided. 15

(4) For the purposes of sub-paragraphs (1) and (2), no account is to be taken of the effect of

any provision contained in a loan agreement or an agreement for a credit facility at the

time it is entered into which enables outstanding interest to be added to any sum for the

time being owed in respect of the loan or credit facility, whether or not any such interest

has been so added. 20

Authorised participants

45 (1) A permitted participant must not—

(a) be a party to a regulated transaction to which any of the other parties is not an

authorised participant,

(b) derive a benefit in consequence of a connected transaction if any of the parties to 25

that transaction is not an authorised participant.

(2) In this Part, an authorised participant is a person who is a permissible donor.

Regulated transaction involving unauthorised participant

46 (1) This paragraph applies if a permitted participant is a party to a regulated transaction to

which another party is not an authorised participant. 30

(2) The transaction is void.

(3) Despite sub-paragraph (2)—

(a) any money received by the permitted participant by virtue of the transaction must

be repaid by the responsible person to the person from whom it was received,

along with interest at the rate referred to in section 71I(3)(a) of the 2000 Act, 35

(b) the person from whom it was received is entitled to recover the money, along with such interest.

(4) If—

Page 106: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

104 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 6—Control of loans and credit

(a) the money is not (for whatever reason) repaid as mentioned in sub-paragraph

(3)(a), or

(b) the person entitled to recover the money refuses or fails to do so,

the Commission may apply to a sheriff to make such order as the sheriff thinks fit to

restore (so far as is possible) the parties to the transaction to the position they would 5

have been in if the transaction had not been entered into.

(5) An order under sub-paragraph (4) may in particular—

(a) where the transaction is a loan or credit facility, require that any amount owed by

the permitted participant be repaid (and that no further sums be advanced under

it), 10

(b) where any form of security is given for a sum owed under the transaction, require

that security to be discharged.

(6) In the case of a regulated transaction where a party other than a permitted participant—

(a) at the time the permitted participant enters into the transaction, is an authorised

participant, but 15

(b) subsequently, for whatever reason, ceases to be an authorised participant,

the transaction is void and sub-paragraphs (3) to (5) apply with effect from the time

when the other party ceased to be an authorised participant.

Guarantees and securities: unauthorised participant

47 (1) This paragraph applies if— 20

(a) a permitted participant and another person (―A‖) enter into a transaction of a

description mentioned in paragraph 43(3)(a),

(b) A is party to a regulated transaction of a description mentioned in paragraph

43(3)(b) (―the connected transaction‖) with another person (―B‖), and

(c) B is not an authorised participant. 25

(2) Paragraph 46(2) to (5) applies to the transaction mentioned in sub-paragraph (1)(a).

(3) The connected transaction is void.

(4) Sub-paragraph (5) applies if (but only if) A is unable to recover from the permitted

participant the whole of the money mentioned in paragraph 46(3)(a) (as applied by sub-

paragraph (2) above), along with such interest as is there mentioned. 30

(5) Despite sub-paragraph (3), A is entitled to recover from B any part of that money (and

such interest) that is not recovered from the permitted participant.

(6) Sub-paragraph (5) does not entitle A to recover more than the contingent liability under

the security provided by virtue of the connected transaction.

(7) In the case of a connected transaction where B— 35

(a) at the time A enters into the transaction, is an authorised participant, but

(b) subsequently, for whatever reason, ceases to be an authorised participant,

sub-paragraphs (2) to (6) apply with effect from the time when B ceased to be an

authorised participant.

Page 107: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 105

Schedule 4—Campaign rules

Part 6—Control of loans and credit

(8) If the transaction mentioned in paragraph 43(3)(a) is not a regulated transaction of a

description mentioned in paragraph 43(1) or (2), references in this paragraph and

paragraph 46(2) to (5) (as applied by sub-paragraph (2) above) to the repayment or

recovery of money are to be construed as references to (as the case may be)—

(a) the return or recovery of any property provided under the transaction, 5

(b) to the extent that such property is incapable of being returned or recovered or its

market value has diminished since the time the transaction was entered into, the

repayment or recovery of the market value at that time, or

(c) the market value (at that time) of any facilities or services provided under the

transaction. 10

Transfer to unauthorised participant invalid

48 If an authorised participant purports to transfer the participant’s interest in a regulated

transaction to a person who is not an authorised participant the purported transfer is of

no effect.

Offences 15

49 (1) An individual who is a permitted participant commits an offence if—

(a) the individual enters into a regulated transaction of a description mentioned in

paragraph 43(1) or (2) to which another party is not an authorised participant, and

(b) the individual knew or ought reasonably to have known of the matters mentioned

in paragraph (a). 20

(2) A permitted participant that is not an individual commits an offence if—

(a) it enters into a regulated transaction of a description mentioned in paragraph 43(1) or (2) to which another party is not an authorised participant, and

(b) an officer of the permitted participant knew or ought reasonably to have known of the matters mentioned in paragraph (a). 25

(3) A person who is the responsible person in relation to a permitted participant that is not

an individual commits an offence if—

(a) the permitted participant enters into a regulated transaction of a description

mentioned in paragraph 43(1) or (2) to which another party is not an authorised

participant, and 30

(b) the person knew or ought reasonably to have known of the matters mentioned in paragraph (a).

(4) An individual who is a permitted participant commits an offence if—

(a) the individual enters into a regulated transaction of a description mentioned in

paragraph 43(1) or (2) to which another party is not an authorised participant, 35

(b) the individual neither knew nor ought reasonably to have known that the other

party is not an authorised participant, and

(c) as soon as practicable after knowledge of the matters mentioned in paragraph (a)

comes to the individual the individual fails to take all reasonable steps to repay

any money which the individual has received by virtue of the transaction. 40

Page 108: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

106 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 6—Control of loans and credit

(5) A permitted participant that is not an individual commits an offence if—

(a) it enters into a regulated transaction of a description mentioned in paragraph 43(1) or (2) to which another party is not an authorised participant,

(b) no officer of the permitted participant knew or ought reasonably to have known

that the other party is not an authorised participant, and 5

(c) as soon as practicable after knowledge of the matters mentioned in paragraph (a)

comes to the responsible person the responsible person fails to take all reasonable

steps to repay any money which the permitted participant has received by virtue of

the transaction.

(6) A person who is the responsible person in relation to a permitted participant that is not 10

an individual commits an offence if—

(a) the permitted participant enters into a regulated transaction of a description

mentioned in paragraph 43(1) or (2) to which another party is not an authorised

participant,

(b) sub-paragraph (3)(b) does not apply to the person, and 15

(c) as soon as practicable after knowledge of the matters mentioned in paragraph (a)

comes to the person the person fails to take all reasonable steps to repay any

money which the permitted participant has received by virtue of the transaction.

(7) An individual who is a permitted participant commits an offence if—

(a) the individual benefits from or falls to benefit in consequence of a connected 20

transaction to which any of the parties is not an authorised participant, and

(b) the individual knew or ought reasonably to have known of the matters mentioned

in paragraph (a).

(8) A permitted participant that is not an individual commits an offence if—

(a) it benefits from or falls to benefit in consequence of a connected transaction to 25

which any of the parties is not an authorised participant, and

(b) an officer of the permitted participant knew or ought reasonably to have known of the matters mentioned in paragraph (a).

(9) A person who is the responsible person in relation to a permitted participant that is not

an individual commits an offence if— 30

(a) the permitted participant benefits from or falls to benefit in consequence of a

connected transaction to which any of the parties is not an authorised participant,

and

(b) the person knew or ought reasonably to have known of the matters mentioned in paragraph (a). 35

(10) An individual who is a permitted participant commits an offence if—

(a) the individual is a party to a transaction of a description mentioned in paragraph

43(3)(a),

(b) the individual benefits from or falls to benefit in consequence of a connected

transaction to which any of the parties is not an authorised participant, 40

(c) the individual neither knew nor ought reasonably to have known of the matters

mentioned in paragraphs (a) and (b), and

Page 109: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 107

Schedule 4—Campaign rules

Part 6—Control of loans and credit

(d) as soon as practicable after knowledge of the matters mentioned in paragraphs (a)

and (b) comes to the individual the individual fails to take all reasonable steps to

pay to any person who has provided the individual with any benefit in

consequence of the connected transaction the value of the benefit.

(11) A permitted participant that is not an individual commits an offence if— 5

(a) it is a party to a transaction of a description mentioned in paragraph 43(3)(a),

(b) it benefits from or falls to benefit in consequence of a connected transaction to

which any of the parties is not an authorised participant,

(c) no officer of the permitted participant knew or ought reasonably to have known of

the matters mentioned in paragraphs (a) and (b), and 10

(d) as soon as practicable after knowledge of the matters mentioned in paragraphs (a)

and (b) comes to the responsible person the responsible person fails to take all

reasonable steps to pay to any person who has provided the permitted participant

with any benefit in consequence of the connected transaction the value of the

benefit. 15

(12) A person who is the responsible person in relation to a permitted participant that is not

an individual commits an offence if—

(a) the permitted participant is a party to a transaction of a description mentioned in

paragraph 43(3)(a),

(b) the permitted participant benefits from or falls to benefit in consequence of a 20

connected transaction to which any of the parties is not an authorised participant,

(c) sub-paragraph (9)(b) does not apply to the person, and

(d) as soon as practicable after knowledge of the matters mentioned in paragraphs (a)

and (b) comes to the person the person fails to take all reasonable steps to pay to

any person who has provided the permitted participant with any benefit in 25

consequence of the connected transaction the value of the benefit.

(13) A person commits an offence if the person—

(a) knowingly enters into, or

(b) knowingly does any act in furtherance of,

any arrangement which facilitates or is likely to facilitate, whether by means of 30

concealment or disguise or otherwise, the participation by a permitted participant in a

regulated transaction with a person other than an authorised participant.

(14) It is a defence for a person charged with an offence under sub-paragraph (3) to prove

that the person took all reasonable steps to prevent the permitted participant entering

into the transaction. 35

(15) It is a defence for a person charged with an offence under sub-paragraph (9) to prove

that the person took all reasonable steps to prevent the permitted participant benefiting

in consequence of the connected transaction.

(16) A reference to a permitted participant entering into a regulated transaction includes a

reference to any circumstances in which the terms of a regulated transaction are varied 40

so as to increase the amount of money to which the permitted participant is entitled in

consequence of the transaction.

Page 110: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

108 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 6—Control of loans and credit

(17) A reference to a permitted participant entering into a transaction to which another party

is not an authorised participant includes a reference to any circumstances in which

another party to the transaction who is an authorised participant ceases (for whatever

reason) to be an authorised participant.

Penalties 5

50 (1) A person who commits an offence under sub-paragraph (1), (2), (4), (7), (8) or (10) of

paragraph 49 is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine.

(2) A person who commits an offence under sub-paragraph (3), (5), (6), (9), (11), (12) or 10

(13) of paragraph 49 is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or

to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months

or to a fine (or both). 15

Statement of regulated transactions

51 (1) The responsible person in relation to a permitted participant must include in any return

required to be prepared under paragraph 20 a statement of regulated transactions entered

into by the permitted participant.

(2) The statement must comply with paragraphs 52 to 56. 20

(3) For the purposes of those paragraphs a regulated transaction is a recordable

transaction—

(a) if the value of the transaction does not exceed £7,500, or

(b) if the aggregate value of it and any other relevant benefit or benefits does not

exceed that amount. 25

In paragraph (b) ―relevant benefit‖ means any relevant donation (within the meaning of

paragraph 28(4)) or regulated transaction made by, or entered into with, the person with

whom the regulated transaction was entered into.

Identity of authorised participants

52 The statement must record, in relation to each recordable transaction to which an 30

authorised participant was a party, the information about the authorised participant

which is, in connection with transactions entered into by political parties, required to be

recorded in transaction reports by virtue of paragraph 2 of Schedule 6A to the 2000 Act.

Identity of unauthorised participants

53 The statement must record, in relation to each recordable transaction to which a person 35

other than an authorised participant was a party—

(a) the name and address of the person,

Page 111: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 109

Schedule 4—Campaign rules

Part 6—Control of loans and credit

(b) the date when, and the manner in which, the transaction was dealt with in

accordance with sub-paragraphs (3) to (5) of paragraph 46 or those sub-

paragraphs as applied by paragraph 46(6) or 47(2).

Details of transaction

54 (1) The statement must record, in relation to each recordable transaction, the information 5

about the transaction which is, in connection with transactions entered into by political

parties, required to be recorded in transaction reports by virtue of paragraph 5(2), (3)

and (4) of Schedule 6A to the 2000 Act (read with any necessary modifications).

(2) The statement must record, in relation to each recordable transaction of a description

mentioned in paragraph 43(1) or (2) above, the information about the transaction which 10

is, in connection with transactions entered into by political parties, required to be

recorded in transaction reports by virtue of paragraph 6 of Schedule 6A to the 2000 Act.

(3) The statement must record, in relation to each recordable transaction of a description

mentioned in paragraph 43(3)(a) above, the information about the transaction which is,

in connection with transactions entered into by political parties, required to be recorded 15

in transaction reports by virtue of paragraph 7(2)(b), (3) and (4) of Schedule 6A to the

2000 Act.

Changes

55 (1) Where another authorised participant has become a party to a regulated transaction

(whether in place of or in addition to any existing participant), or there has been any 20

other change in any of the information that is required by paragraphs 52 to 54 to be

included in the statement, the statement must record—

(a) the information as it was both before and after the change,

(b) the date of the change.

(2) Where a recordable transaction has come to an end, the statement must— 25

(a) record that fact,

(b) record the date when it happened,

(c) in the case of a loan, state how the loan has come to an end.

(3) For the purposes of sub-paragraph (2), a loan comes to an end if—

(a) the whole debt (or all the remaining debt) is repaid, 30

(b) the creditor releases the whole debt.

Total value of non-recordable transactions

56 The statement must record the total value of any regulated transactions that are not

recordable transactions.

Transaction reports during referendum period 35

57 (1) The responsible person in relation to a permitted participant must prepare a report under

this paragraph in respect of each of the following periods—

Page 112: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

110 Scottish Independence Referendum Bill

Schedule 4—Campaign rules

Part 6—Control of loans and credit

(a) the period of 4 weeks beginning with the day on which the referendum period

starts,

(b) each of the two succeeding periods of 4 weeks during the referendum period, and

(c) the period from the end of the second of the periods referred to in paragraph (b)

until the end of the seventh day before the day by which the report is to be 5

delivered to the Electoral Commission (―the final period‖).

(2) The report for any period must record, in relation to each regulated transaction having a

value exceeding £7,500 which is entered into by the permitted participant during the

period—

(a) the same information about the transaction as would be required, by virtue of 10

paragraph 54, to be recorded in the statement referred to in paragraph 51(1),

(b) in relation to a transaction to which an authorised participant is a party, the

information about each authorised participant which is, in connection with

recordable transactions entered into by registered parties, required to be recorded

in weekly transaction reports by virtue of paragraph 3 of Schedule 6A to the 2000 15

Act, and

(c) in relation to a transaction to which a person who is not an authorised participant

is a party, the information referred to in paragraph 53.

(3) If during any period no regulated transactions having a value exceeding £7,500 were

entered into by the permitted participant, the report for the period must contain a 20

statement of that fact.

(4) A report under this paragraph must be delivered by the responsible person to the

Electoral Commission—

(a) in the case of the report in respect of a period other than the final period, within

the period of 7 days beginning with the end of the period to which the report 25

relates,

(b) in the case of the report in respect of the final period, by the end of the fourth day

before the date of the referendum.

(5) For the purpose of paragraph (4)(b), the following days are to be disregarded—

(a) a Saturday or Sunday, 30

(b) Christmas Eve or Christmas Day,

(c) a day which is a bank holiday in Scotland under the Banking and Financial

Dealings Act 1971.

(6) If, in relation to a regulated transaction entered into with an individual who has an

anonymous entry in an electoral register, a report under this paragraph contains a 35

statement that the permitted participant has seen evidence that the individual has such an

anonymous entry, the report must be accompanied by a copy of the evidence.

(7) The responsible person commits an offence if, without reasonable excuse, the person—

(a) fails to comply with the requirements of sub-paragraph (4) in relation to a report

under this paragraph, 40

(b) delivers a report to the Electoral Commission that does not comply with the

requirements of sub-paragraphs (2), (3) or (6).

Page 113: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 111

Schedule 4—Campaign rules

Part 6—Control of loans and credit

(8) A person who commits an offence under sub-paragraph (7)(a) is liable on summary

conviction to a fine not exceeding level 5 on the standard scale.

(9) A person who commits an offence under sub-paragraph (7)(b) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or

to a fine not exceeding the statutory maximum (or both), 5

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months

or to a fine (or both).

Non-disclosure with intent to conceal

58 (1) This paragraph applies where, on an application made by the Commission, a sheriff is

satisfied that any failure to comply with a requirement of paragraphs 51 to 57 in relation 10

to—

(a) any transaction entered into by the permitted participant, or

(b) any change made to a transaction to which the permitted participant is a party,

was attributable to an intention on the part of any person to conceal the existence or true

value of the transaction. 15

(2) The sheriff may make such order as the sheriff thinks fit to restore (so far as is possible)

the parties to the transaction to the position they would have been in if the transaction

had not been entered into.

(3) An order under this paragraph may in particular—

(a) where the transaction is a loan or credit facility, require that any amount owed by 20

the permitted participant be repaid (and that no further sums be advanced under

it),

(b) where any form of security is given for a sum owed under the transaction, or the

transaction is an arrangement by which any form of security is given, require that

the security be discharged. 25

Proceedings under paragraphs 46 and 58

59 (1) This paragraph has effect in relation to proceedings on an application under paragraph

46(4) or 58.

(2) The proceedings are civil proceedings and, accordingly, the standard of proof that

applies is that applicable to civil proceedings. 30

(3) An order may be made whether or not proceedings are brought against any person for an

offence under paragraph 23 or paragraph 49.

(4) An appeal against an order made by the sheriff may be made to the Court of Session.

(5) Rules of court may make provision—

(a) with respect to applications or appeals from proceedings on such applications, 35

(b) for the giving of notice of such applications or appeals to persons affected,

(c) for the sisting of such persons as parties,

(d) generally with respect to procedure in such applications or appeals.

Page 114: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

112 Scottish Independence Referendum Bill

Schedule 5—Campaign rules: investigatory powers of the Electoral Commission

(6) Sub-paragraph (5) does not affect any existing power to make rules.

Interpretation

60 (1) In this Part—

―authorised participant‖ is to be construed in accordance with paragraph 45 (and

see paragraph 42(5)), 5

―connected transaction‖ has the meaning given by paragraph 43(9),

―credit facility‖ has the meaning given by paragraph 43(11),

―permitted participant‖ is to be construed in accordance with paragraph 42,

―regulated transaction‖ is to be construed in accordance with paragraph 43.

(2) For the purposes of any provision relating to the reporting of transactions, anything 10

required to be done by a permitted participant in consequence of its being a party to a

regulated transaction must also be done by it, if it is a party to a transaction of a

description mentioned in paragraph 43(3)(a), as if it were a party to the connected

transaction.

SCHEDULE 5 15

(introduced by section 11(4))

CAMPAIGN RULES: INVESTIGATORY POWERS OF THE ELECTORAL COMMISSION

Power to require disclosure

1 (1) This paragraph applies in relation to an organisation or individual that is a permitted

participant. 20

(2) The Electoral Commission may give a disclosure notice to a person who—

(a) is, or has been at any time in the period of 5 years ending with the day on which

the notice is given, the treasurer or another officer of an organisation to which this

paragraph applies, or

(b) is an individual to whom this paragraph applies. 25

(3) A disclosure notice is a notice requiring the person to whom it is given—

(a) to produce for inspection by the Commission, or a person authorised by the

Commission, any documents which—

(i) relate to income and expenditure of the organisation or individual in

question, and 30

(ii) are reasonably required by the Commission for the purposes of carrying out

their functions under section 11 and schedule 4, or

(b) to provide the Commission, or a person authorised by the Commission, with any

information or explanation which relates to that income and expenditure and is

reasonably required by the Commission for those purposes. 35

(4) A person to whom a disclosure notice is given must comply with the notice within such

reasonable time as is specified in the notice.

Page 115: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 113

Schedule 5—Campaign rules: investigatory powers of the Electoral Commission

Inspection warrants

2 (1) This paragraph applies in relation to an organisation or individual that is a permitted

participant.

(2) A sheriff or a justice of the peace may, on the application of the Electoral Commission,

issue an inspection warrant in relation to any premises occupied by an organisation or 5

individual to whom this paragraph applies if satisfied that—

(a) there are reasonable grounds for believing that on those premises there are

documents relating to the income and expenditure of the organisation or

individual,

(b) the Commission need to inspect the documents for the purposes of carrying out 10

their functions under section 11 and schedule 4 (other than their investigatory

functions), and

(c) permission to inspect the documents on the premises has been requested by the

Commission and has been unreasonably refused.

(3) An inspection warrant is a warrant authorising a member of the Commission’s staff— 15

(a) at any reasonable time to enter the premises specified in the warrant, and

(b) having entered the premises, to inspect any documents within sub-paragraph

(2)(a).

(4) An inspection warrant also authorises the person who executes the warrant to be

accompanied by any other persons who the Commission consider are needed to assist in 20

executing it.

(5) The person executing an inspection warrant must, if required to do so, produce—

(a) the warrant, and

(b) documentary evidence that the person is a member of the Commission’s staff,

for inspection by the occupier of the premises that are specified in the warrant or by 25

anyone acting on the occupier’s behalf.

(6) An inspection warrant continues in force until the end of the period of one month

beginning with the day on which it is issued.

(7) An inspection warrant may not be used for the purposes of carrying out investigatory

functions. 30

(8) In this paragraph, ―investigatory functions‖ means functions of investigating—

(a) suspected campaign offences, or

(b) suspected contraventions of restrictions or requirements imposed by schedule 4.

Powers in relation to suspected offences or contraventions

3 (1) This paragraph applies where the Electoral Commission have reasonable grounds to 35

suspect that—

(a) a person has committed a campaign offence, or

(b) a person has contravened (otherwise than by committing an offence) any

restriction or other requirement imposed by schedule 4.

Page 116: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

114 Scottish Independence Referendum Bill

Schedule 5—Campaign rules: investigatory powers of the Electoral Commission

(2) In this paragraph, ―the suspected offence or contravention‖ means the offence or

contravention referred to in sub-paragraph (1).

(3) The Commission may by notice require any person (including an organisation or

individual to whom paragraph 1 applies)—

(a) to produce for inspection by the Commission, or a person authorised by the 5

Commission, any documents that they reasonably require for the purposes of

investigating the suspected offence or contravention,

(b) to provide the Commission, or a person authorised by the Commission, with any

information or explanation that they reasonably require for those purposes.

(4) A person to whom a notice is given under sub-paragraph (3) must comply with the 10

notice within such reasonable time as is specified in the notice.

(5) A person authorised by the Commission (―the investigator‖) may require—

(a) the person mentioned in sub-paragraph (1) (if that person is an individual), or

(b) an individual who the investigator reasonably believes has relevant information,

to attend before the investigator at a specified time and place and answer any questions 15

that the investigator reasonably considers to be relevant.

(6) The time specified must be a reasonable time.

(7) In sub-paragraph (5), ―relevant‖ means relevant to an investigation by the Commission

of the suspected offence or contravention.

Court order for delivery of documents or provision of information etc. 20

4 (1) This paragraph applies where the Electoral Commission have given a notice under

paragraph 3 requiring documents to be produced.

(2) The Court of Session may, on the application of the Commission, make a document

disclosure order against a person (―the respondent‖) if satisfied that—

(a) there are reasonable grounds to suspect that a person (whether or not the 25

respondent) has committed a campaign offence or has contravened (otherwise

than by committing an offence) any restriction or other requirement imposed by

schedule 4, and

(b) there are documents referred to in the notice under paragraph 3 which—

(i) have not been produced as required by the notice (either within the time 30

specified in the notice for compliance or subsequently),

(ii) are reasonably required by the Commission for the purposes of

investigating the offence or contravention referred to in paragraph (a), and

(iii) are in the custody or under the control of the respondent.

(3) A document disclosure order is an order requiring the respondent to deliver to the 35

Commission, within such time as is specified in the order, such documents falling within

sub-paragraph (2)(b) as are identified in the order (either specifically or by reference to

any category or description of document).

(4) For the purposes of sub-paragraph (2)(b)(iii) a document is under a person’s control if it

is in the person’s possession or if the person has a right to possession of it. 40

Page 117: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 115

Schedule 5—Campaign rules: investigatory powers of the Electoral Commission

(5) A person who fails to comply with a document disclosure order may not, in respect of

that failure, be both punished for contempt of court and convicted of an offence under

paragraph 12(1).

5 (1) This paragraph applies where the Electoral Commission have given a notice under

paragraph 3 requiring any information or explanation to be provided. 5

(2) The Court of Session may, on the application of the Commission, make an information

disclosure order against a person (―the respondent‖) if satisfied that—

(a) there are reasonable grounds to suspect that a person (whether or not the

respondent) has committed a campaign offence or has contravened (otherwise

than by committing an offence) any restriction or other requirement imposed by 10

schedule 4, and

(b) there is any information or explanation referred to in the notice under paragraph 3

which—

(i) has not been provided as required by the notice (either within the time

specified in the notice for compliance or subsequently), 15

(ii) is reasonably required by the Commission for the purposes of investigating

the offence or contravention referred to in paragraph (a), and

(iii) the respondent is able to provide.

(3) An information disclosure order is an order requiring the respondent to provide to the

Commission, within such time as is specified in the order, such information or 20

explanation falling within sub-paragraph (2)(b) as is identified in the order.

(4) A person who fails to comply with an information disclosure order may not, in respect

of that failure, be both punished for contempt of court and convicted of an offence under

paragraph 12(1).

Retention of documents delivered under paragraph 4 25

6 (1) The Electoral Commission may retain any documents delivered to them in compliance

with an order under paragraph 4 for a period of 3 months (or for longer if any of sub-

paragraphs (3) to (8) applies).

(2) In this paragraph, ―the documents‖ and ―the 3 month period‖ mean the documents and

the period mentioned in sub-paragraph (1). 30

(3) If within the 3 month period proceedings to which the documents are relevant are

commenced against any person for any criminal offence, the documents may be retained

until the conclusion of the proceedings.

(4) If within the 3 month period the Commission serve a notice under paragraph 2(1) of

schedule 6 of a proposal to impose a fixed monetary penalty on any person and the 35

documents are relevant to the decision to serve the notice, the documents may be

retained—

(a) until liability for the penalty is discharged as mentioned in paragraph 2(2) of that

schedule (if it is),

(b) until the Commission decide not to impose a fixed monetary penalty (if that is 40

what they decide),

Page 118: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

116 Scottish Independence Referendum Bill

Schedule 5—Campaign rules: investigatory powers of the Electoral Commission

(c) until the end of the period given by sub-paragraph (6) (if they do impose a fixed

monetary penalty).

(5) If within the 3 month period the Commission serve a notice under paragraph 6(1) of

schedule 6 of a proposal to impose a discretionary requirement on any person and the

documents are relevant to the decision to serve the notice, the documents may be 5

retained—

(a) until the Commission decide not to impose a discretionary requirement (if that is

what they decide),

(b) until the end of the period given by sub-paragraph (6) (if they do impose a

discretionary requirement). 10

(6) If within the 3 month period—

(a) a notice is served imposing a fixed monetary penalty on any person under

paragraph 2(4) of schedule 6 and the documents are relevant to the decision to

impose the penalty, or

(b) a notice is served imposing a discretionary requirement on any person under 15

paragraph 6(5) of that schedule and the documents are relevant to the decision to

impose the requirement,

the documents may be retained until the end of the period allowed for bringing an

appeal against that decision or (if an appeal is brought) until the conclusion of

proceedings on the appeal. 20

(7) If within the 3 month period—

(a) a stop notice is served on any person under paragraph 10 of schedule 6, and

(b) the documents are relevant to the decision to serve the notice,

the documents may be retained until the end of the period allowed for bringing an

appeal against that decision or (if an appeal is brought) until the conclusion of 25

proceedings on the appeal.

(8) If within the 3 month period or the period given by sub-paragraph (7) (or, if applicable,

by sub-paragraph (5) or (6)(b))—

(a) the Commission, having served a stop notice on any person under paragraph 10 of

schedule 6, decide not to issue a completion certificate under paragraph 12 of that 30

schedule in relation to the stop notice, and

(b) the documents are relevant to the decision not to issue the certificate,

the documents may be retained until the end of the period allowed for bringing an

appeal against that decision or (if an appeal is brought) until the conclusion of

proceedings on the appeal. 35

Power to make copies and records

7 The Electoral Commission or a person authorised by the Commission—

(a) may make copies or records of any information contained in—

(i) any documents produced or inspected under this schedule,

(ii) any documents delivered to them in compliance with an order under 40

paragraph 4,

Page 119: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 117

Schedule 5—Campaign rules: investigatory powers of the Electoral Commission

(b) may make copies or records of any information or explanation provided under this

schedule.

Authorisation to be in writing

8 An authorisation of a person by the Electoral Commission under this schedule must be

in writing. 5

Documents in electronic form

9 (1) In the case of documents kept in electronic form—

(a) a power of the Electoral Commission under this schedule to require documents to

be produced for inspection includes power to require a copy of the documents to

be made available for inspection in legible form, 10

(b) a power of a person (―the inspector‖) under this schedule to inspect documents

includes power to require any person on the premises in question to give any

assistance that the inspector reasonably requires to enable the inspector—

(i) to inspect and make copies of the documents in legible form or to make

records of information contained in them, or 15

(ii) to inspect and check the operation of any computer, and any associated

apparatus or material, that is or has been in use in connection with the

keeping of the documents.

(2) Paragraph 7(a) applies in relation to any copy made available as mentioned in sub-

paragraph (1)(a) above. 20

Legal professional privilege

10 Nothing in this schedule requires a person to produce or provide, or authorises a person

to inspect or take possession of, anything in respect of which a claim to confidentiality

of communications could be maintained in legal proceedings.

Admissibility of statements 25

11 (1) A statement made by a person (―P‖) in compliance with a requirement imposed under

this schedule is admissible in evidence in any proceedings (as long as it also complies

with any requirements governing the admissibility of evidence in the circumstances in

question).

(2) But in criminal proceedings in which P is charged with an offence other than one to 30

which sub-paragraph (3) applies or in proceedings within sub-paragraph (4) to which

both the Electoral Commission and P are parties—

(a) no evidence relating to the statement is admissible against P, and

(b) no question relating to the statement may be asked on behalf of the prosecution or

(as the case may be) the Commission in cross-examination of P, 35

unless evidence relating to it is adduced, or a question relating to it is asked, in the

proceedings by or on behalf of P.

(3) This sub-paragraph applies to—

(a) an offence under paragraph 12(3),

Page 120: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

118 Scottish Independence Referendum Bill

Schedule 5—Campaign rules: investigatory powers of the Electoral Commission

(b) an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland)

Act 1995 (false statements made otherwise than on oath).

(4) Proceedings are within this sub-paragraph if they arise out of the exercise by the

Commission of any of their powers under schedule 6 other than powers in relation to an

offence under paragraph 12(3) below. 5

Offences

12 (1) A person who fails, without reasonable excuse, to comply with any requirement

imposed under or by virtue of this schedule commits an offence.

(2) A person who intentionally obstructs a person authorised by or by virtue of this schedule

in the carrying out of that person’s functions under the authorisation commits an 10

offence.

(3) A person who knowingly or recklessly provides false information in purported

compliance with a requirement imposed under or by virtue of this schedule commits an

offence.

(4) A person who commits an offence under sub-paragraph (1) or (2) is liable on summary 15

conviction to a fine not exceeding level 5 on the standard scale.

(5) A person who commits an offence under sub-paragraph (3) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or

to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 12 months 20

or to a fine (or both).

Guidance by Commission

13 (1) The Electoral Commission must prepare and publish guidance as to—

(a) the circumstances in which the Commission are likely to give a notice under

paragraph 1 or 3(3), 25

(b) the consequences (including criminal sanctions) that may result from a failure to

comply with such a notice,

(c) the circumstances in which the Commission are likely to apply for a warrant under

paragraph 2,

(d) the procedures to be followed in connection with questioning under paragraph 30

3(5),

(e) the circumstances in which the Commission are likely to apply for an order under

paragraph 4 or 5,

(f) the principles and practices to be applied in connection with the exercise of

powers under paragraphs 6 and 7, 35

(g) any other matters concerning the exercise of powers under this schedule about

which the Commission consider that guidance would be useful.

(2) Where appropriate, the Commission must revise guidance published under this

paragraph and publish the revised guidance.

(3) The Commission must consult such persons as they consider appropriate before 40

publishing guidance or revised guidance under this paragraph.

Page 121: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 119

Schedule 6—Campaign rules: civil sanctions

Part 1—Fixed monetary penalties

(4) The Commission must have regard to the guidance or revised guidance published under

this paragraph in exercising their functions under this Act.

Information about use of investigatory powers in Commission’s report

14 (1) The report by the Electoral Commission under section 24 must contain information

about the use made by the Commission of their powers under this schedule. 5

(2) The report must, in particular, specify—

(a) the cases in which a notice was given under paragraph 1 or 3(3),

(b) the cases in which premises were entered under a warrant issued under paragraph

2,

(c) the cases in which a requirement was imposed under paragraph 3(5), 10

(d) the cases in which an order under paragraph 4 or 5—

(i) was applied for,

(ii) was made.

(3) This paragraph does not require the Commission to include in the report any information

that, in their opinion, it would be inappropriate to include on the ground that to do so— 15

(a) would or might be unlawful, or

(b) might adversely affect any current investigation or proceedings.

Interpretation

15 In this schedule—

―contravention‖ includes a failure to comply, and related expressions are to be 20

construed accordingly,

―documents‖ includes any books or records,

―restriction‖ includes prohibition.

SCHEDULE 6

(introduced by section 11(5)) 25

CAMPAIGN RULES: CIVIL SANCTIONS

PART 1

FIXED MONETARY PENALTIES

Imposition of fixed monetary penalties

1 (1) The Electoral Commission may by notice impose a fixed monetary penalty on a person 30

if satisfied beyond reasonable doubt that the person—

(a) has committed a prescribed campaign offence, or

(b) has (otherwise than by committing an offence) contravened a prescribed

restriction or requirement imposed by or by virtue of schedule 4.

Page 122: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

120 Scottish Independence Referendum Bill

Schedule 6—Campaign rules: civil sanctions

Part 1—Fixed monetary penalties

(2) The Commission may by notice impose a fixed monetary penalty on a permitted

participant if satisfied beyond reasonable doubt that the responsible person—

(a) has committed a prescribed campaign offence, or

(b) has (otherwise than by committing an offence) contravened a prescribed

restriction or requirement imposed by or by virtue of schedule 4. 5

(3) For the purposes of this schedule a ―fixed monetary penalty‖ is a requirement to pay to

the Commission a penalty of a prescribed amount.

(4) In the case of a fixed monetary penalty imposed under sub-paragraph (1)(a) or (2)(a),

where the offence in question is—

(a) triable summarily (whether or not it is also triable on indictment), and 10

(b) punishable on summary conviction by a fine (whether or not it is also punishable

by a term of imprisonment),

the amount of the penalty may not exceed the maximum amount of that fine.

Representations and appeals etc.

2 (1) Where the Electoral Commission propose to impose a fixed monetary penalty on a 15

person, they must serve on the person a notice of what is proposed.

(2) A notice under sub-paragraph (1) must offer the person the opportunity to discharge the

person’s liability for the fixed monetary penalty by payment of a prescribed sum (which

must be less than or equal to the amount of the penalty).

The following provisions of this paragraph apply if the person does not do so. 20

(3) The person may make written representations and objections to the Commission in

relation to the proposed imposition of the fixed monetary penalty.

(4) After the end of the period for making such representations and objections (see

paragraph 3(2)) the Commission must decide whether to impose the fixed monetary

penalty. 25

If they decide to do so they must serve on the person a notice imposing the penalty.

(5) The Commission may not impose a fixed monetary penalty on a person—

(a) if, taking into account (in particular) any matter raised by the person, the

Commission are no longer satisfied as mentioned in paragraph 1(1) or (2) (as

applicable), 30

(b) in such other circumstances as may be prescribed.

(6) A person on whom a fixed monetary penalty is imposed may appeal against the decision

to impose the penalty on the ground that—

(a) it was based on an error of fact,

(b) it was wrong in law, or 35

(c) it was unreasonable,

or on such other grounds as may be prescribed.

(7) An appeal under sub-paragraph (6) is to a sheriff.

Page 123: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 121

Schedule 6—Campaign rules: civil sanctions

Part 2—Discretionary requirements

Information to be included in notices under paragraph 2

3 (1) A notice under paragraph 2(1) must include information as to—

(a) the grounds for the proposal to impose the fixed monetary penalty,

(b) the effect of payment of the sum referred to in paragraph 2(2),

(c) the right to make representations and objections, 5

(d) the circumstances in which the Commission may not impose the fixed monetary

penalty.

(2) Such a notice must also specify—

(a) the period within which liability for the fixed monetary penalty may be

discharged, and 10

(b) the period within which representations and objections may be made.

Neither period may be more than 28 days beginning with the day on which the notice is

received.

(3) A notice under paragraph 2(4) must include information as to—

(a) the grounds for imposing the fixed monetary penalty, 15

(b) how payment may be made,

(c) the period within which payment may be made,

(d) any early payment discounts or late payment penalties,

(e) rights of appeal,

(f) the consequences of non-payment. 20

Fixed monetary penalties: criminal proceedings and conviction

4 (1) Where a notice under paragraph 2(1) is served on a person—

(a) no criminal proceedings for a campaign offence may be instituted against the

person in respect of the act or omission to which the notice relates before the end

of the period within which the person’s liability may be discharged as mentioned 25

in paragraph 2(2) (see paragraph 3(2)),

(b) if the liability is so discharged, the person may not at any time be convicted of a

campaign offence in relation to that act or omission.

(2) A person on whom a fixed monetary penalty is imposed may not at any time be

convicted of a campaign offence in respect of the act or omission giving rise to the 30

penalty.

PART 2

DISCRETIONARY REQUIREMENTS

Imposition of discretionary requirements

5 (1) The Electoral Commission may impose one or more discretionary requirements on a 35

person if satisfied beyond reasonable doubt that the person—

Page 124: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

122 Scottish Independence Referendum Bill

Schedule 6—Campaign rules: civil sanctions

Part 2—Discretionary requirements

(a) has committed a prescribed campaign offence, or

(b) has (otherwise than by committing an offence) contravened a prescribed

restriction or requirement imposed by or by virtue of schedule 4.

(2) The Commission may impose one or more discretionary requirements on a permitted

participant if satisfied beyond reasonable doubt that the responsible person— 5

(a) has committed a prescribed campaign offence, or

(b) has (otherwise than by committing an offence) contravened a prescribed

restriction or requirement imposed by or by virtue of schedule 4.

(3) For the purposes of this schedule a ―discretionary requirement‖ is—

(a) a requirement to pay a monetary penalty to the Commission of such amount as the 10

Commission may determine,

(b) a requirement to take such steps as the Commission may specify, within such

period as they may specify, to secure that the offence or contravention does not

continue or recur, or

(c) a requirement to take such steps as the Commission may specify, within such 15

period as they may specify, to secure that the position is, so far as possible,

restored to what it would have been if the offence or contravention had not

happened.

(4) Discretionary requirements may not be imposed on the same person on more than one

occasion in relation to the same act or omission. 20

(5) In this schedule—

―variable monetary penalty‖ means such a requirement as is referred to in sub-

paragraph (3)(a),

―non-monetary discretionary requirement‖ means such a requirement as is

referred to in sub-paragraph (3)(b) or (c). 25

(6) In the case of a variable monetary penalty imposed under sub-paragraph (1)(a) or (2)(a), where the offence in question is—

(a) triable summarily only, and

(b) punishable on summary conviction by a fine (whether or not it is also punishable

by a term of imprisonment), 30

the amount of the penalty may not exceed the maximum amount of that fine.

Representations and appeals etc.

6 (1) Where the Electoral Commission propose to impose a discretionary requirement on a

person, they must serve on the person a notice of what is proposed.

(2) A person served with a notice under sub-paragraph (1) may make written 35

representations and objections to the Commission in relation to the proposed imposition

of the discretionary requirement.

(3) After the end of the period for making such representations and objections (see

paragraph 7(2)) the Commission must decide whether—

(a) to impose the discretionary requirement, with or without modifications, or 40

Page 125: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 123

Schedule 6—Campaign rules: civil sanctions

Part 2—Discretionary requirements

(b) to impose any other discretionary requirement that the Commission have power to

impose under paragraph 5.

(4) The Commission may not impose a discretionary requirement on a person—

(a) if, taking into account (in particular) any matter raised by the person, the

Commission are no longer satisfied as mentioned in paragraph 5(1) or (2) (as 5

applicable),

(b) in such other circumstances as may be prescribed.

(5) Where the Commission decide to impose a discretionary requirement on a person, they

must serve on the person a notice specifying what the requirement is.

(6) A person on whom a discretionary requirement is imposed may appeal against the 10

decision to impose the requirement on the ground—

(a) that the decision was based on an error of fact,

(b) that the decision was wrong in law,

(c) in the case of a variable monetary penalty, that the amount of the penalty is

unreasonable, 15

(d) in the case of a non-monetary discretionary requirement, that the nature of the

requirement is unreasonable, or

(e) that the decision is unreasonable for any other reason,

or on such other grounds as may be prescribed.

(7) An appeal under sub-paragraph (6) is to a sheriff. 20

Information to be included in notices under paragraph 6

7 (1) A notice under paragraph 6(1) must include information as to—

(a) the grounds for the proposal to impose the discretionary requirement,

(b) the right to make representations and objections,

(c) the circumstances in which the Commission may not impose the discretionary 25

requirement.

(2) Such a notice must also specify the period within which representations and objections

may be made.

That period may not be less than 28 days beginning with the day on which the notice is

received. 30

(3) A notice under paragraph 6(5) must include information as to—

(a) the grounds for imposing the discretionary requirement,

(b) where the discretionary requirement is a variable monetary penalty—

(i) how payment may be made,

(ii) the period within which payment must be made, and 35

(iii) any early payment discounts or late payment penalties,

(c) rights of appeal,

(d) the consequences of non-compliance.

Page 126: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

124 Scottish Independence Referendum Bill

Schedule 6—Campaign rules: civil sanctions

Part 3—Stop notices

Discretionary requirements: criminal conviction

8 (1) A person on whom a discretionary requirement is imposed may not at any time be

convicted of a campaign offence in respect of the act or omission giving rise to the

requirement.

(2) Sub-paragraph (1) does not apply where— 5

(a) a non-monetary discretionary requirement is imposed on the person,

(b) no variable monetary penalty is imposed on the person, and

(c) the person fails to comply with the non-monetary discretionary requirement.

Failure to comply with discretionary requirements

9 (1) The Electoral Commission may by notice impose a monetary penalty (a ―non-10

compliance penalty‖) on a person for failing to comply with a non-monetary

discretionary requirement imposed on the person.

(2) Subject to any prescribed criteria, or any prescribed maximum or minimum amounts, the

amount of a non-compliance penalty is to be such as the Commission may determine.

(3) A person served with a notice imposing a non-compliance penalty may appeal against 15

the notice on the ground that the decision to serve the notice—

(a) was based on an error of fact,

(b) was wrong in law, or

(c) was unfair or unreasonable for any reason (for example because the amount is

unreasonable), 20

or on such other grounds as may be prescribed.

(4) An appeal under sub-paragraph (3) is to a sheriff.

PART 3

STOP NOTICES

Imposition of stop notices 25

10 (1) Where sub-paragraph (2) or (3) applies, the Electoral Commission may serve on a

person a notice (a ―stop notice‖) prohibiting the person from carrying on an activity

specified in the notice until the person has taken the steps specified in the notice.

(2) This sub-paragraph applies where—

(a) the person is carrying on the activity, 30

(b) the Commission reasonably believe that the activity as carried on by the person

involves or is likely to involve the person—

(i) committing a prescribed campaign offence, or

(ii) contravening (otherwise than by committing an offence) a prescribed

restriction or requirement imposed by or by virtue of schedule 4, and 35

Page 127: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 125

Schedule 6—Campaign rules: civil sanctions

Part 3—Stop notices

(c) the Commission reasonably believe that the activity as carried on by the person is

seriously damaging public confidence in the effectiveness of the controls in

schedule 4, or presents a significant risk of doing so.

(3) This sub-paragraph applies where—

(a) the person is likely to carry on the activity, 5

(b) the Commission reasonably believe that the activity as carried on by the person

will involve or will be likely to involve the person—

(i) committing a prescribed campaign offence, or

(ii) contravening (otherwise than by committing an offence) a prescribed

restriction or requirement imposed by or by virtue of schedule 4, and 10

(c) the Commission reasonably believe that the activity as likely to be carried on by

the person will seriously damage public confidence in the effectiveness of the

controls mentioned in sub-paragraph (2)(c), or will present a significant risk of

doing so.

(4) The steps referred to in sub-paragraph (1) must be steps to secure that the activity is 15

carried on or (as the case may be) will be carried on in a way that does not involve the

person acting as mentioned in sub-paragraph (2)(b) or (3)(b).

Information to be included in stop notices

11 A stop notice must include information as to—

(a) the grounds for serving the notice, 20

(b) rights of appeal,

(c) the consequences of not complying with the notice.

Completion certificates

12 (1) Where, after the service of a stop notice on a person, the Electoral Commission are

satisfied that the person has taken the steps specified in the notice, they must issue a 25

certificate to that effect (a ―completion certificate‖).

(2) A stop notice ceases to have effect on the issue of a completion certificate relating to

that notice.

(3) A person on whom a stop notice is served may at any time apply for a completion

certificate. 30

The Commission must make a decision whether to issue a completion certificate within

the period of 14 days of the day on which they receive such an application.

Appeals etc.

13 (1) A person served with a stop notice may appeal against the decision to serve it on the

ground that— 35

(a) the decision was based on an error of fact,

(b) the decision was wrong in law,

(c) the decision was unreasonable,

Page 128: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

126 Scottish Independence Referendum Bill

Schedule 6—Campaign rules: civil sanctions

Part 4—Enforcement undertakings

(d) any step specified in the notice is unreasonable, or

(e) the person has not acted as mentioned in paragraph 10(2)(b) or (3)(b) and would

not have done so even if the stop notice had not been served,

or on such other grounds as may be prescribed.

(2) A person served with a stop notice may appeal against a decision not to issue a 5

completion certificate on the ground that the decision—

(a) was based on an error of fact,

(b) was wrong in law, or

(c) was unfair or unreasonable,

or on such other grounds as may be prescribed. 10

(3) An appeal under sub-paragraph (1) or (2) is to a sheriff.

Failure to comply with stop notice

14 (1) A person served with a stop notice who does not comply with it commits an offence.

(2) A person who commits an offence under sub-paragraph (1) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or 15

to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or

to a fine (or both).

PART 4

ENFORCEMENT UNDERTAKINGS 20

15 (1) This paragraph applies where—

(a) the Electoral Commission have reasonable grounds to suspect that a person—

(i) has committed a prescribed campaign offence, or

(ii) has (otherwise than by committing an offence) contravened a prescribed

restriction or requirement imposed by or by virtue of schedule 4, 25

(b) the person offers an undertaking (an ―enforcement undertaking‖) to take such

action, within such period, as is specified in the undertaking,

(c) the action so specified is—

(i) action to secure that the offence or contravention does not continue or

recur, 30

(ii) action to secure that the position is, so far as possible, restored to what it

would have been if the offence or contravention had not happened, or

(iii) action of a prescribed description, and

(d) the Commission accept the undertaking.

(2) Unless the person has failed to comply with the undertaking or any part of it— 35

Page 129: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 127

Schedule 6—Campaign rules: civil sanctions

Part 5—Power to make supplementary provision etc. by order

(a) the person may not at any time be convicted of a campaign offence in respect of

the act or omission to which the undertaking relates,

(b) the Commission may not impose on the person any fixed monetary penalty that

they would otherwise have power to impose by virtue of paragraph 1 in respect of

that act or omission, 5

(c) the Commission may not impose on the person any discretionary requirement that

they would otherwise have power to impose by virtue of paragraph 5 in respect of

that act or omission.

PART 5

POWER TO MAKE SUPPLEMENTARY PROVISION ETC. BY ORDER 10

Supplementary orders: general

16 (1) The Scottish Ministers may by order (a ―supplementary order‖)—

(a) make provision (including transitional provision) supplementing that made by this

schedule,

(b) make provision that is consequential on or incidental to that made by this 15

schedule.

(2) The following provisions of this Part are not to be read as limiting the power conferred

by sub-paragraph (1).

(3) A supplementary order may make provision amending, repealing or revoking an

enactment (whenever passed or made). 20

(4) A supplementary order is subject to the affirmative procedure if it contains—

(a) provision made by virtue of—

(i) paragraph 1(1), (2) or (3),

(ii) paragraph 5(1) or (2),

(iii) paragraph 10(2)(b) or (3)(b), or 25

(iv) paragraph 15(1)(a), or

(b) provision amending an Act.

(5) Otherwise, a supplementary order is subject to the negative procedure.

Consultation

17 (1) Before making a supplementary order the Scottish Ministers must consult the Electoral 30

Commission and such other persons (if any) as the Scottish Ministers consider

appropriate.

(2) If, as a result of any consultation required by sub-paragraph (1), it appears to the

Scottish Ministers that it is appropriate substantially to change the whole or any part of

the proposals, they must undertake such further consultation with respect to the changes 35

as they consider appropriate.

Page 130: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

128 Scottish Independence Referendum Bill

Schedule 6—Campaign rules: civil sanctions

Part 5—Power to make supplementary provision etc. by order

Monetary penalties

18 (1) A supplementary order may make any of the following provision in relation to the

power of the Electoral Commission to require a person to pay a fixed monetary penalty,

a variable monetary penalty or a non-compliance penalty—

(a) provision for early payment discounts, 5

(b) provision for the payment of interest or other financial penalties for late payment,

(c) provision for enforcement.

(2) Provision made by virtue of sub-paragraph (1)(b) must secure that the interest or other

financial penalties for late payment do not in total exceed the amount of the penalty

itself. 10

(3) Provision made by virtue of sub-paragraph (1)(c) may include—

(a) provision for the Commission to recover the penalty, and any interest or other

financial penalty for late payment, as a civil debt,

(b) provision for the penalty, and any interest or other financial penalty for late

payment, to be recoverable, on the order of a court, as if payable under a court 15

order.

(4) In relation to the power of the Commission to require a person to pay a fixed monetary

penalty, a variable monetary penalty or a non-compliance penalty for failing to comply

with a requirement or undertaking by the end of a particular period, a supplementary

order may— 20

(a) make provision under which the amount of the penalty is determined by reference

to the length of time between the end of that period and the time of compliance,

(b) make provision for successive penalties to be payable in a case of continued

failure to comply.

Enforcement undertakings 25

19 A supplementary order may make any of the following provision in relation to an

enforcement undertaking—

(a) provision as to the procedure for entering into an undertaking,

(b) provision as to the terms of an undertaking,

(c) provision as to publication of an undertaking by the Commission, 30

(d) provision as to variation of an undertaking,

(e) provision as to circumstances in which a person may be regarded as having

complied with an undertaking,

(f) provision as to monitoring by the Commission of compliance with an undertaking,

(g) provision as to certification by the Commission that an undertaking has been 35

complied with,

(h) provision for appeals against refusal to give such certification,

(i) in a case where a person has given inaccurate, misleading or incomplete

information in relation to an undertaking, provision for the person to be regarded

as not having complied with it, 40

Page 131: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 129

Schedule 6—Campaign rules: civil sanctions

Part 6—General and supplemental

(j) in a case where a person has complied partly but not fully with an undertaking,

provision for that part-compliance to be taken into account in the imposition of

any criminal or other sanction on the person.

Extension of time for taking criminal proceedings

20 For the purposes of enabling criminal proceedings to be instituted against a person in 5

respect of a campaign offence—

(a) in the case referred to in paragraph 8(2), or

(b) in a case where there has been a breach of an enforcement undertaking or any part

of an enforcement undertaking,

a supplementary order may make provision extending any period within which such 10

proceedings may be instituted.

Appeals

21 (1) A supplementary order may make any of the following provision in relation to an appeal

in respect of the imposition of a requirement, or the service of a notice, under this

schedule— 15

(a) provision suspending the requirement or notice pending determination of the

appeal,

(b) provision as to the powers of the court to which the appeal is made,

(c) provision as to how a sum payable in pursuance of a decision of that court is to be

recoverable. 20

(2) Provision made by virtue of sub-paragraph (1)(b) may in particular include provision

conferring on the court to which the appeal is made—

(a) power to withdraw the requirement or notice,

(b) power to confirm the requirement or notice,

(c) power to take such steps as the Commission could take in relation to the act or 25

omission giving rise to the requirement or notice,

(d) power to remit the decision whether to confirm the requirement or notice, or any

matter relating to that decision, to the Commission,

(e) power to award expenses.

PART 6 30

GENERAL AND SUPPLEMENTAL

Combination of sanctions

22 (1) The Electoral Commission may not serve on a person a notice under paragraph 2(1)

(notice of proposed fixed monetary penalty) in relation to any act or omission in relation

to which— 35

(a) a discretionary requirement has been imposed on that person, or

(b) a stop notice has been served on that person.

Page 132: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

130 Scottish Independence Referendum Bill

Schedule 6—Campaign rules: civil sanctions

Part 6—General and supplemental

(2) The Commission may not serve on a person a notice under paragraph 6(1) (notice of

proposed discretionary requirement), or serve a stop notice on a person, in relation to

any act or omission in relation to which—

(a) a fixed monetary penalty has been imposed on that person, or

(b) the person’s liability for a fixed monetary penalty has been discharged as 5

mentioned in paragraph 2(2).

Use of statements made compulsorily

23 (1) The Electoral Commission must not take into account a statement made by a person in

compliance with a requirement imposed under schedule 5 in deciding whether—

(a) to impose a fixed monetary penalty on the person, 10

(b) to impose a discretionary requirement on the person,

(c) to serve a stop notice on the person.

(2) Sub-paragraph (1)(a) or (b) does not apply to a penalty or requirement imposed in

respect of an offence under paragraph 12(3) of schedule 5 (providing false information

in purported compliance with a requirement under that schedule). 15

Unincorporated associations

24 Any amount that is payable under this schedule by an unincorporated association must

be paid out of the funds of the association.

Guidance as to enforcement

25 (1) The Electoral Commission must prepare and publish guidance as to— 20

(a) the sanctions (including criminal sanctions) that may be imposed on a person

who—

(i) commits a campaign offence, or

(ii) contravenes a restriction or requirement that is prescribed for the purposes

of paragraph 1, 5, 10 or 15, 25

(b) the action that the Commission may take in relation to such a person (whether by

virtue of this schedule or otherwise),

(c) the circumstances in which the Commission are likely to take any such action.

(2) The guidance must include guidance about the Commission’s use of the power to

impose a fixed monetary penalty, with information as to— 30

(a) the circumstances in which such a penalty may not be imposed,

(b) the amount of such a penalty,

(c) how liability for such a penalty may be discharged and the effect of discharge,

(d) rights to make representations and objections and rights of appeal in relation to

such a penalty. 35

(3) The guidance must include guidance about the Commission’s use of the power to

impose a discretionary requirement, with information as to—

Page 133: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 131

Schedule 6—Campaign rules: civil sanctions

Part 6—General and supplemental

(a) the circumstances in which such a requirement may not be imposed,

(b) rights to make representations and objections and rights of appeal in relation to

such a requirement,

(c) in the case of a variable monetary penalty, the matters likely to be taken into

account by the Commission in determining the amount of the penalty (including, 5

where relevant, any discounts for voluntary reporting of non-compliance).

(4) The guidance must include guidance about the Commission’s use of the power to serve

a stop notice, with information as to—

(a) the circumstances in which such a notice may not be served,

(b) rights of appeal in relation to such a notice. 10

(5) The guidance must include guidance about the Commission’s use of the power to accept

an enforcement undertaking.

(6) Where appropriate, the Commission must revise guidance published under this

paragraph and publish the revised guidance.

(7) The Commission must consult such persons as they consider appropriate before 15

publishing guidance or revised guidance under this paragraph.

(8) The Commission must have regard to the guidance or revised guidance published under

this paragraph in exercising their functions.

Payment of penalties etc into Scottish Consolidated Fund

26 Where, in pursuance of any provision contained in or made under this schedule, the 20

Electoral Commission receive—

(a) a fixed monetary penalty, a variable monetary penalty or a non-compliance

penalty,

(b) any interest or other financial penalty for late payment of such a penalty, or

(c) a sum paid as mentioned in paragraph 2(2) (in discharge of liability for a fixed 25

monetary penalty),

they must pay it into the Scottish Consolidated Fund.

Reports on use of civil sanctions

27 (1) The report by the Electoral Commission under section 24 must contain information

about the use made by the Commission of their powers under this schedule. 30

(2) The report must, in particular, specify—

(a) the cases in which a fixed monetary penalty or discretionary requirement was

imposed or a stop notice served (other than cases in which the penalty,

requirement or notice was overturned on appeal),

(b) the cases in which liability for a fixed monetary penalty was discharged as 35

mentioned in paragraph 2(2),

(c) the cases in which an enforcement undertaking was accepted.

Page 134: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

132 Scottish Independence Referendum Bill

Schedule 6—Campaign rules: civil sanctions

Part 7—Interpretation

(3) This paragraph does not require the Commission to include in the report any information

that, in their opinion, it would be inappropriate to include on the ground that to do so—

(a) would or might be unlawful, or

(b) might adversely affect any current investigation or proceedings.

Disclosure of information 5

28 (1) Information held by or on behalf of a procurator fiscal or a constable in Scotland may be

disclosed to the Electoral Commission for the purpose of the exercise by the

Commission of any powers conferred on them under or by virtue of this schedule.

(2) It is immaterial for the purposes of sub-paragraph (1) whether the information was

obtained before or after the coming into effect of this schedule. 10

(3) A disclosure under this paragraph is not to be taken to breach any restriction on the

disclosure of information.

(4) This paragraph does not affect a power to disclose that exists apart from this paragraph.

PART 7

INTERPRETATION 15

29 In this schedule—

―completion certificate‖ has the meaning given in paragraph 12(1),

―contravention‖ includes a failure to comply, and related expressions are to be

construed accordingly,

―discretionary requirement‖ has the meaning given in paragraph 5(3), 20

―enforcement undertaking‖ has the meaning given in paragraph 15(1)(b),

―fixed monetary penalty‖ has the meaning given in paragraph 1(3),

―non-compliance penalty‖ has the meaning given in paragraph 9(1),

―non-monetary discretionary requirement‖ has the meaning given in paragraph

5(5), 25

―prescribed‖ means prescribed in a supplementary order,

―responsible person‖, in relation to a permitted participant, has the meaning given

in schedule 8,

―restriction‖ includes prohibition,

―stop notice‖ has the meaning given in paragraph 10(1), 30

―supplementary order‖ has the meaning given in paragraph 16(1),

―variable monetary penalty‖ has the meaning given in paragraph 5(5).

Page 135: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 133

Schedule 7—Offences

SCHEDULE 7

(introduced by section 28)

OFFENCES

Personation

1 (1) A person (―A‖) commits the offence of personation in the referendum if— 5

(a) A votes in person or by post in the referendum as some other person, whether as a

voter or as proxy, and whether that other person is living or dead or is a fictitious

person, or

(b) A votes, as proxy, in person or by post in the referendum—

(i) for a person whom A knows or has reasonable grounds for supposing to be 10

dead or to be a fictitious person, or

(ii) when A knows or has reasonable grounds for supposing that A’s

appointment as proxy is no longer in force.

(2) For the purposes of this paragraph, a person who has applied for a ballot paper for the

purpose of voting in person or who has marked, whether validly or not, and returned a 15

ballot paper issued for the purpose of voting by post, is deemed to have voted.

(3) A person commits a corrupt practice if the person commits the offence of personation in

the referendum or aids, abets, counsels or procures the commission of that offence.

Other voting offences

2 (1) A person (―A‖) commits an offence if— 20

(a) A votes in person or by post in the referendum, whether as a voter or as proxy, or

applies to vote by proxy or by post as a voter in the referendum knowing that A is

subject to a legal incapacity to vote in the referendum,

(b) A applies for the appointment of a proxy to vote for A in the referendum knowing

that A or the person to be appointed is subject to a legal incapacity to vote in the 25

referendum, or

(c) A votes, whether in person or by post, as proxy for some other person in the

referendum, knowing that the other person is subject to a legal incapacity to vote.

(2) For the purposes of sub-paragraph (1), references to a person being subject to a legal

incapacity to vote do not, in relation to things done before the date of the referendum, 30

include the person’s being below voting age if the person will be of voting age on that

date.

(3) A person (―A‖) commits an offence if—

(a) A votes as a voter more than once in the referendum,

(b) A votes as a voter in person in the referendum when A is entitled to vote by post, 35

(c) A votes as a voter in person in the referendum knowing that a person appointed to

vote as A’s proxy in the referendum either has already voted in person in the

referendum or is entitled to vote by post in the referendum, or

Page 136: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

134 Scottish Independence Referendum Bill

Schedule 7—Offences

(d) A applies for a person to be appointed as A’s proxy to vote for A in the

referendum without applying for the cancellation of a previous appointment of a

third person then in force in respect of the referendum or without withdrawing a

pending application for such an appointment in respect of the referendum.

(4) A person (―A‖) commits an offence if— 5

(a) A votes as proxy for the same voter more than once in the referendum,

(b) A votes in person as proxy for a voter in the referendum when A is entitled to vote

by post as proxy in the referendum for that voter, or

(c) A votes in person as proxy for a voter in the referendum knowing that the voter

has already voted in person in the referendum. 10

(5) A person (―A‖) commits an offence if A votes in the referendum as proxy for more than

two persons of whom A is not the spouse, civil partner, parent, grandparent, brother,

sister, child or grandchild.

(6) A person (―A‖) commits an offence if A knowingly induces or procures some other

person to do an act which is, or but for that other person’s lack of knowledge would be, 15

an offence by that other person under any of sub-paragraphs (1) to (5).

(7) For the purposes of this paragraph a person who has applied for a ballot paper for the

purpose of voting in person, or who has marked, whether validly or not, and returned a

ballot paper issued for the purpose of voting by post, is deemed to have voted.

(8) For the purpose of determining whether an application for a ballot paper constitutes an 20

offence under sub-paragraph (5), a previous application made in circumstances which

entitle the applicant only to mark a tendered ballot paper is, if the person does not

exercise that right, to be disregarded.

(9) A person does not commit an offence under sub-paragraph (3)(b) or (4)(b) only by

reason of the person’s having marked a tendered ballot paper in pursuance of rule 24 of 25

the conduct rules.

(10) An offence under this paragraph is an illegal practice, but the court before which a

person is convicted of any such offence may, if the court thinks it just in the special

circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of

paragraph 18. 30

(11) In this paragraph ―legal incapacity to vote‖ has the meaning given by section 2(2) of the

Scottish Independence Referendum (Franchise) Act 2013.

Imitation poll cards

3 (1) A person commits an offence if the person, for the purpose of promoting or procuring a

particular outcome in the referendum, issues any poll card or document so closely 35

resembling an official poll card as to be calculated to deceive.

(2) An offence under sub-paragraph (1) is an illegal practice, but the court before which a

person is convicted of any such offence may, if the court thinks it just in the special

circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of

paragraph 18. 40

Offences relating to applications for postal and proxy votes

4 (1) A person (―A‖) commits an offence if A—

Page 137: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 135

Schedule 7—Offences

(a) engages in an act specified in sub-paragraph (2) in connection with the

referendum, and

(b) intends, by doing so, to deprive another of an opportunity to vote in the

referendum or to make for A or another a gain of a vote in the referendum to

which A or the other is not otherwise entitled or a gain of money or property. 5

(2) These are the acts—

(a) applying for a postal or proxy vote as some other person (whether that other

person is living or dead or is a fictitious person),

(b) otherwise making a false statement in, or in connection with, an application for a

postal or proxy vote or providing false information in, or in connection with, such 10

an application,

(c) inducing the registration officer or counting officer to send a postal ballot paper or

any communication relating to a postal or proxy vote to an address which has not

been agreed to by the person entitled to the vote,

(d) causing a communication relating to a postal or proxy vote or containing a postal 15

ballot paper not to be delivered to the intended recipient.

(3) In sub-paragraph (1)(b), property includes any description of property.

(4) In sub-paragraph (2), a reference to a postal vote or a postal ballot paper includes a

reference to a proxy postal vote or proxy postal ballot paper (as the case may be).

(5) A person commits a corrupt practice if the person commits an offence under sub-20

paragraph (1) or aids, abets, counsels or procures the commission of that offence.

Breach of official duty

5 (1) If a person to whom this paragraph applies without reasonable cause (and whether by act

or omission) breaches the person’s official duty, the person commits an offence.

(2) A person who commits an offence under sub-paragraph (1) is liable on summary 25

conviction to a fine not exceeding level 5 on the standard scale.

(3) No person to whom this paragraph applies is liable for breach of official duty to any

penalty at common law and no action for damages lies in respect of the breach by such a

person of the person’s official duty.

(4) The persons to whom this paragraph applies are— 30

(a) the Chief Counting Officer,

(b) any proper officer, registration officer, counting officer or presiding officer, and

(c) any deputy of a person mentioned in paragraph (a) or (b) or any other person

appointed to assist or, in the course of the other person’s employment, assisting a

person so mentioned in connection with that person’s official duties, 35

and ―official duty‖ for the purpose of this paragraph is to be construed accordingly, but

does not include duties imposed otherwise than by this Act.

Tampering with ballot papers etc.

6 (1) A person (―A‖) commits an offence if, in connection with the referendum—

Page 138: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

136 Scottish Independence Referendum Bill

Schedule 7—Offences

(a) A fraudulently defaces or fraudulently destroys any ballot paper, or the official

mark on any ballot paper, or any postal voting statement or official envelope used

in connection with voting by post,

(b) A, without due authority, supplies any ballot paper to any person,

(c) A fraudulently puts into any ballot box any paper other than the ballot paper 5

which A is authorised by law to put in,

(d) A fraudulently takes out of the polling station any ballot paper,

(e) A, without due authority, destroys, takes, opens or otherwise interferes with any

ballot box or packet of ballot papers then in use for the purposes of the

referendum, or 10

(f) A fraudulently or without due authority (as the case may be) attempts to do any of

the acts mentioned in paragraphs (a) to (e).

(2) A person commits an offence if, in connection with the referendum, the person forges or

counterfeits (or attempts to forge or counterfeit) any ballot paper or the official mark on

any ballot paper. 15

(3) If a counting officer, a presiding officer or a clerk appointed to assist in taking the poll,

counting the votes or assisting at the proceedings in connection with the issue or receipt

of postal ballot papers in the referendum, commits an offence under this paragraph, the

officer or clerk is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or 20

to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or

to a fine (or both).

(4) If any other person commits an offence under this paragraph the person is liable on

summary conviction to imprisonment for a term not exceeding 12 months or to a fine 25

not exceeding level 5 on the standard scale (or both).

Requirement of secrecy

7 (1) Every person (other than one mentioned in sub-paragraph (2)) attending at a polling

station in the referendum must maintain and aid in maintaining the secrecy of voting in

the referendum and must not, except for a purpose authorised by law, communicate to 30

any person before the close of the poll the information described in sub-paragraph (3).

(2) Sub-paragraph (1) does not apply to—

(a) a person attending at the polling station for the purpose of voting,

(b) a person under the age of 16 accompanying a voter,

(c) a companion of a voter with disabilities, 35

(d) a constable on duty at the polling station.

(3) The information referred to in sub-paragraph (1) is any information as to—

(a) the name of any voter or proxy for a voter who has or has not applied for a ballot

paper or voted at a polling station,

(b) the number on the Polling List of any voter who, or whose proxy, has or has not 40

applied for a ballot paper or voted at a polling station,

Page 139: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 137

Schedule 7—Offences

(c) the official mark being used in accordance with rule 6 of the conduct rules.

(4) Every person attending at the counting of the votes in the referendum must maintain and

aid in maintaining the secrecy of voting in the referendum and must not—

(a) ascertain or attempt to ascertain at the counting of the votes the unique identifying

number on the back of any ballot paper, 5

(b) communicate any information obtained at the counting of the votes as to the

outcome for which any vote is given on any particular ballot paper.

(5) A person must not—

(a) interfere with or attempt to interfere with a voter when recording the voter’s vote

in the referendum, 10

(b) otherwise obtain or attempt to obtain in a polling station information as to the

outcome for which a voter in that station is about to vote or has voted in the

referendum,

(c) communicate at any time to any person any information obtained in a polling

station in the referendum as to the outcome for which a voter in that station is 15

about to vote or has voted, or as to the unique identifying number on the back of a

ballot paper given to a voter at that station, or

(d) directly or indirectly induce a voter to display a ballot paper after the voter has

marked it so as to make known to any person any outcome for which the voter has

or has not voted in the referendum. 20

(6) Every person attending the proceedings in connection with the issue or the receipt of

ballot papers for persons voting by post in the referendum must maintain and aid in

maintaining the secrecy of voting in the referendum and must not—

(a) except for a purpose authorised by law, communicate, before the poll is closed, to

any person any information obtained at those proceedings as to the official mark, 25

(b) except for a purpose authorised by law, communicate to any person at any time

any information obtained at those proceedings as to the unique identifying number

on the back of any ballot paper sent to any person,

(c) except for a purpose authorised by law, attempt to ascertain at the proceedings in

connection with the receipt of ballot papers the unique identifying number on the 30

back of any ballot paper, or

(d) attempt to ascertain at the proceedings in connection with the receipt of the ballot

papers the outcome for which any vote is given in any particular ballot paper or

communicate any information with respect thereto obtained at those proceedings.

(7) A companion of a voter with disabilities must not communicate at any time to any 35

person any information as to the outcome for which that voter intends to vote or has

voted, or as to the unique identifying number on the back of a ballot paper given for the

use of that voter.

(8) If a person acts in contravention of this paragraph the person commits an offence.

(9) A person who commits an offence under sub-paragraph (8) is liable on summary 40

conviction to imprisonment for a term not exceeding 12 months or to a fine not

exceeding level 5 on the standard scale (or both).

(10) In this paragraph a voter with disabilities is a voter who has made a declaration under

rule 23(1) of the conduct rules.

Page 140: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

138 Scottish Independence Referendum Bill

Schedule 7—Offences

Prohibition on publication of exit polls

8 (1) No person may publish before the close of the poll—

(a) any statement relating to the way in which voters have voted in the referendum

where that statement is (or might reasonably be taken to be) based on information

given by voters after they have voted, or 5

(b) any forecast as to the result of the referendum which is (or might reasonably be

taken to be) based on information so given.

(2) If a person acts in contravention of this paragraph the person commits an offence.

(3) A person who commits an offence under sub-paragraph (2) is liable on summary

conviction to imprisonment for a term not exceeding 12 months or to a fine not 10

exceeding level 5 on the standard scale (or both).

(4) In this paragraph—

―forecast‖ includes estimate,

―publish‖ means make available to the public at large (or any section of the

public), in whatever form and by whatever means, 15

any reference to the result of the referendum is a reference to the result for the

whole of Scotland or the result in one or more local government areas.

Payments to voters for exhibition of referendum notices

9 (1) No payment or contract for payment may, for the purposes of promoting a particular

outcome in the referendum, be made to a voter on account of— 20

(a) the exhibition of, or

(b) the use of any house, land, building or premises for the exhibition of,

any bill, advertisement or notice.

(2) Sub-paragraph (1) does not apply if—

(a) it is the ordinary business of the voter to exhibit bills, advertisements or notices 25

for payment, and

(b) the payment or contract is made in the ordinary course of that business.

(3) If a payment or contract for payment is knowingly made in contravention of sub-

paragraph (1) (whether before, during or after the referendum), each of the following

persons commits an offence— 30

(a) the person who makes the payment or enters into the contract,

(b) the person who receives the payment or is a party to the contract (if the person

knows the payment or contract is in contravention of sub-paragraph (1)).

(4) An offence under sub-paragraph (3) is an illegal practice.

Page 141: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 139

Schedule 7—Offences

Treating

10 (1) A person (―A‖) commits the offence of treating in connection with the referendum if A,

whether before, during or after the referendum, corruptly gives or provides, or pays

wholly or in part the expense of giving or providing, any meat, drink, entertainment or

provision to or for any person— 5

(a) for the purpose of corruptly influencing that person or any other person to vote or

refrain from voting in the referendum, or

(b) on account of that person or any other person having voted or refrained from

voting, or being about to vote or refrain from voting, in the referendum.

(2) Sub-paragraph (1) applies regardless of whether an act is done— 10

(a) directly or indirectly,

(b) by A or by another person on A’s behalf.

(3) A voter or proxy who corruptly accepts or takes any such meat, drink, entertainment or

provision also commits the offence of treating in connection with the referendum.

(4) A person commits a corrupt practice if the person commits the offence of treating in 15

connection with the referendum.

Undue influence

11 (1) A person (―A‖) commits the offence of undue influence in connection with the

referendum if—

(a) A makes use of or threatens to make use of any force, violence or restraint, or 20

inflicts or threatens to inflict, personally or by any other person, any temporal or

spiritual injury, damage, harm or loss upon or against any person in order to

induce or compel that person to vote or refrain from voting in the referendum, or

on account of that person having voted or refrained from voting, in the

referendum, or 25

(b) by abduction, duress or any fraudulent device or contrivance, A impedes or

prevents, or intends to impede or prevent, the free exercise of the franchise of a

voter or proxy for a voter in the referendum, or so compels, induces or prevails

upon, or intends so to compel, induce or prevail upon, a voter or proxy for a voter

either to vote or to refrain from voting in the referendum. 30

(2) Sub-paragraph (1)(a) applies regardless of whether an act is done—

(a) directly or indirectly,

(b) by the person or by another person on the person’s behalf.

(3) A person commits a corrupt practice if the person commits the offence of undue

influence in connection with the referendum. 35

Bribery

12 (1) A person commits the offence of bribery in connection with the referendum if the

person—

(a) gives any money or procures any office—

(i) to or for any voter, 40

Page 142: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

140 Scottish Independence Referendum Bill

Schedule 7—Offences

(ii) to or for any other person on behalf of any voter, or

(iii) to or for any other person,

in order to induce any voter to vote or refrain from voting in the referendum,

(b) corruptly makes any gift or procurement as mentioned in paragraph (a) on account

of any voter having voted or refrained from voting in the referendum, 5

(c) makes any gift or procurement as mentioned in paragraph (a) to or for any person

in order to induce that person to procure, or endeavour to procure, any particular

outcome in the referendum, or

(d) upon or in consequence of any such gift or procurement as mentioned in

paragraph (a), procures or engages, promises or endeavours to procure any 10

particular outcome in the referendum.

(2) A person commits the offence of bribery in connection with the referendum if the

person—

(a) advances or pays or causes to be paid any money to or for the use of any other

person with the intent that the money or any part of it is to be expended in bribery 15

in connection with the referendum, or

(b) knowingly pays or causes to be paid any money to any person in discharge or

repayment of any money wholly or partly expended in bribery in connection with

the referendum.

(3) A voter commits the offence of bribery in connection with the referendum if, whether 20

before or during the referendum, the voter receives, agrees or contracts for any money,

gift, loan or valuable consideration, office, place or employment for the voter or for any

other person for—

(a) voting or agreeing to vote in the referendum, or

(b) refraining or agreeing to refrain from voting in the referendum. 25

(4) A person commits the offence of bribery in connection with the referendum if, after the

referendum, the person receives any money or valuable consideration on account of any

person—

(a) having voted or refrained from voting in the referendum, or

(b) having induced any other person to vote or refrain from voting in the referendum. 30

(5) Sub-paragraphs (1) to (4) apply regardless of whether an act is done—

(a) directly or indirectly,

(b) by the person or by another person on the person’s behalf.

(6) For the purposes of sub-paragraph (1)—

(a) references to giving money include references to giving, lending, agreeing to give 35

or lend, offering, promising, or promising to procure or to endeavour to procure

any money or valuable consideration,

(b) references to procuring any office include references to giving, procuring,

agreeing to give or procure, offering, promising, or promising to procure or to

endeavour to procure any office, place or employment. 40

(7) Sub-paragraphs (1) and (2) do not apply to any money paid or agreed to be paid for or

on account of any legal expenses incurred in good faith at or concerning the referendum.

Page 143: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 141

Schedule 7—Offences

(8) A person commits a corrupt practice if the person commits the offence of bribery in

connection with the referendum.

(9) In this paragraph, the expression ―voter‖ includes any person who has or claims to have

a right to vote in the referendum.

Disturbances at public meetings 5

13 (1) A person commits an offence if the person, at a lawful public meeting to which this

paragraph applies, acts (or incites others to act) in a disorderly manner for the purpose of

preventing the transaction of the business for which the meeting was called together.

(2) This paragraph applies to a meeting held in connection with the referendum during the

referendum period. 10

(3) An offence under this paragraph is an illegal practice.

Illegal canvassing by police officers

14 (1) A person who is a constable commits an offence if the person by word, message, writing

or in any other manner, endeavours to persuade any person to give (or dissuade any

person from giving) the person’s vote in the referendum. 15

(2) A person is not liable under sub-paragraph (1) for anything done in the discharge of the

person’s duty as a constable.

(3) A person who commits an offence under sub-paragraph (1) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

Prosecutions for corrupt practices 20

15 A person who commits a corrupt practice under any provision of this schedule is

liable—

(a) on summary conviction, to imprisonment for a term not exceeding 12 months or

to a fine not exceeding the statutory maximum (or both),

(b) on conviction on indictment— 25

(i) in the case of a corrupt practice under paragraph 1 or 4, to imprisonment

for a term not exceeding 2 years or to a fine (or both),

(ii) in any other case, to imprisonment for a term not exceeding 12 months or

to a fine (or both).

Prosecutions for illegal practices 30

16 (1) A person who commits an illegal practice under any provision of this schedule is liable

on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) On a prosecution for such an illegal practice it is sufficient to allege that the person

charged has committed an illegal practice.

Page 144: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

142 Scottish Independence Referendum Bill

Schedule 7—Offences

Conviction of illegal practice on charge of corrupt practice etc.

17 A person charged with a corrupt practice under any provision of this schedule may, if

the circumstances warrant such finding, be convicted of an illegal practice (which

offence is for that purpose to be an indictable offence), and a person charged with an

illegal practice may be convicted of that offence notwithstanding that the act 5

constituting the offence amounted to a corrupt practice.

Incapacity to hold public or judicial office in Scotland

18 (1) A person convicted of a corrupt or illegal practice under any provision of this

schedule—

(a) is for the period of 5 years beginning with the date of the person’s conviction, 10

incapable of holding any public or judicial office in Scotland (within the meaning

of section 185 of the 1983 Act), and

(b) if already holding such an office, vacates it as from that date.

(2) Sub-paragraph (1) applies in addition to any punishment imposed on the person under

paragraph 15 or 16. 15

Prohibition of paid canvassers

19 If a person is, whether before or during the referendum, engaged or employed for

payment or promise of payment as a canvasser for the purpose of promoting a particular

outcome in the referendum—

(a) the person so engaging or employing the canvasser, and 20

(b) the canvasser,

commits the offence of illegal employment.

Providing money for illegal purposes

20 If a person knowingly provides money—

(a) for any payment which is contrary to the provisions of this Act, 25

(b) for any expenses incurred in excess of the maximum amount allowed by this Act,

or

(c) for replacing any money expended in any such payment or expenses,

the person commits the offence of illegal payment.

Prosecutions for illegal employment or illegal payment 30

21 (1) A person who commits an offence of—

(a) illegal employment under paragraph 19, or

(b) illegal payment under paragraph 20,

is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) On a prosecution for such an illegal employment or illegal payment it is sufficient to 35

allege that the person charged has committed the offence of illegal employment or

illegal payment (as the case may be).

Page 145: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 143

Schedule 8—Interpretation

(3) A person charged with an offence of illegal employment or illegal payment may be

convicted of that offence, notwithstanding that the act constituting the offence amounted

to a corrupt or illegal practice.

SCHEDULE 8

(introduced by section 32) 5

INTERPRETATION

In this Act—

―the 1983 Act‖ means the Representation of the People Act 1983,

―the 2000 Act‖ means the Political Parties, Elections and Referendums Act 2000,

―absent vote‖ is to be construed in accordance with paragraph 1(8)(a) of schedule 10

2,

―anonymous entry‖ in relation to a register of electors, is to be construed in

accordance with section 9B of the 1983 Act, and ―record of anonymous entries‖

means the record prepared under regulation 45A of the Representation of the

People (Scotland) Regulations 2001 (SI 2001/497), 15

―assisted voters list‖ has the meaning given in rule 23(8) of the conduct rules,

―ballot paper account‖ has the meaning given in rule 28(4) of the conduct rules,

―campaign offence‖ means an offence under section 13 or any of schedules 4 to 6,

―campaign organiser‖, in relation to referendum expenses, means the individual or

body by whom or on whose behalf the expenses are incurred, 20

―Chief Counting Officer‖ means the person appointed under section 4(1) or (6),

―companion‖ has the meaning given in rule 23(1) of the conduct rules,

―companion declaration‖ has the meaning given in rule 23(2) of the conduct rules,

―completed corresponding number list‖ has the meaning given in rule 28(2)(e) of

the conduct rules, 25

―conduct rules‖ means the rules set out in schedule 3,

―corresponding number list‖ means the list prepared in accordance with rule 5 of

the conduct rules,

―council‖ means a council constituted by section 2 of the Local Government etc.

(Scotland) Act 1994, 30

―counting agent‖ has the meaning given by rule 14(8) of the conduct rules,

―counting officer‖ means a person appointed under section 5(1) or (5),

―cut-off date‖ has the meaning given in paragraph 18(1) of schedule 2,

―data form‖ means information which is in a form which is capable of being

processed by means of equipment operating automatically in response to 35

instructions given for that purpose,

―date of the referendum‖ means the date on which the poll at the referendum is to

be held in accordance with section 1(4) or (6),

Page 146: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

144 Scottish Independence Referendum Bill

Schedule 8—Interpretation

―designated organisation‖ means a permitted participant that has been designated

under paragraph 5 of schedule 4,

―education authority‖ has the same meaning as in the Education (Scotland) Act

1980,

―list of proxies‖ means the list kept under paragraph 4(3) of schedule 2, 5

―local government area‖ is to be construed in accordance with section 1 of the

Local Government etc. (Scotland) Act 1994,

―marked copy‖ has the meaning given in paragraph 54(10) of schedule 2,

―marked votes list‖ has the meaning given in rule 22(2) of the conduct rules,

―members of the Chief Counting Officer’s staff‖ means staff appointed or 10

provided under section 6(8),

―members of the counting officer’s staff‖ means staff provided under section 6(9),

―minor party‖ has the same meaning as in the 2000 Act,

―money‖ and ―pecuniary reward‖ (except in schedule 4 and paragraph 12 of

schedule 7) include— 15

(a) any office, place or employment,

(b) any valuable security or other equivalent of money, and

(c) any valuable consideration,

and expressions referring to money are to be construed accordingly,

―organisation‖ includes any body corporate and any combination of persons or 20

other unincorporated association,

―outcome‖ means a particular outcome in relation to the referendum question,

―payment‖ includes any pecuniary or other reward,

―permissible donor‖ is to be construed in accordance with paragraph 1(2) of

schedule 4, 25

―permitted participant‖ has the meaning given in paragraph 2 of schedule 4,

―personal identifiers record‖ means the record kept by a registration officer under

paragraph 10 of schedule 2,

―polling agent‖ has the meaning given by rule 14(8) of the conduct rules,

―polling day alterations list‖ has the meaning given in rule 26(2) of the conduct 30

rules,

―Polling List‖ has the meaning given in paragraph 17(2) of schedule 2,

―postal ballot agent‖ has the meaning given by paragraph 19(3) of schedule 2,

―postal voters list‖ means the list kept under paragraph 4(2) of schedule 2,

―postal voting statement‖ means the statement referred to in rule 8(1)(b) of the 35

conduct rules,

―presiding officer‖ means an officer appointed under rule 10(1)(a) of the conduct

rules,

―proper officer‖ has the meaning given in section 235(3) of the Local Government

(Scotland) Act 1973, 40

Page 147: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

Scottish Independence Referendum Bill 145

Schedule 8—Interpretation

―proxy postal voters list‖ means the list kept under paragraph 6(7) of schedule 2,

―qualifying address‖ in relation to a person registered in the register of electors, is

the address in respect of which that person is entitled to be so registered,

―referendum agent‖ has the meaning given in section 16,

―referendum campaign‖ means a campaign conducted with a view to promoting or 5

procuring a particular outcome in the referendum,

―referendum campaign broadcast‖ means a broadcast the purpose (or main

purpose) of which is or may reasonably be assumed to be—

(a) to further any referendum campaign, or

(b) otherwise to promote or procure any particular outcome in the referendum, 10

―referendum expenses‖ is to be construed in accordance with paragraph 9 of

schedule 4,

―referendum period‖ means the period of 16 weeks ending on the date of the

referendum,

―referendum question‖ means the question to be voted on in the referendum (as 15

set out in section 1(2)),

―register of electors‖ means (as the case may be)—

(a) the register of local government electors for any area maintained under

section 9 of the 1983 Act, or

(b) the register of young voters for any area maintained under section 4 of the 20

Scottish Independence Referendum (Franchise) Act 2013,

―registered party‖ means a party registered under Part 2 of the 2000 Act other than

a Gibraltar party (within the meaning of that Act),

―registration officer‖ means a registration officer appointed under section 8(3) of

the 1983 Act, 25

―relevant citizen of the European Union‖ means a citizen of the Union who is not

a Commonwealth citizen or a citizen of the Republic of Ireland,

―relevant counting officer‖, in relation to a registration officer, means the counting

officer for the local government area for which the registration officer is

appointed, 30

―responsible person‖ means, in relation to a permitted participant—

(a) if the permitted participant is a registered party—

(i) the treasurer of the party, or

(ii) in the case of a minor party, the person for the time being notified to

the Electoral Commission by the party in accordance with paragraph 35

3(1)(b) of schedule 4,

(b) if the permitted participant is an individual, that individual, and

(c) otherwise, the person or officer for the time being notified to the Electoral

Commission by the permitted participant in accordance with paragraph

3(3)(a)(ii) of schedule 4, 40

―SPCB‖ means the Scottish Parliamentary Corporate Body,

Page 148: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

146 Scottish Independence Referendum Bill

Schedule 8—Interpretation

―spoilt ballot paper‖ has the meaning given in rule 25(1) of the conduct rules,

―tendered ballot paper‖ means a ballot paper referred to in rule 24(6) of the

conduct rules,

―tendered votes list‖ has the meaning given in rule 24(8) of the conduct rules,

―treasurer‖, in relation to a registered party, has the same meaning as in the 2000 5

Act,

―unique identifying number‖ means the number on the back of a ballot paper

which is unique to that ballot paper and which identifies that ballot paper as a

ballot paper to be issued by the counting officer,

―verification statement‖ has the meaning given in rule 30(2) of the conduct rules, 10

―voter‖ (except in the conduct rules) means a person entitled to vote in the

referendum in the person’s own right (as opposed to a person entitled to vote as

proxy for another),

―voter‖ (in the conduct rules) means a person voting at the referendum and

includes (except where the context requires otherwise) a person voting as proxy 15

and ―vote‖ (whether as noun or verb) is to be construed accordingly except that

any reference to a voter voting or a voter’s vote includes a reference to a voter

voting by proxy or a voter’s vote given by proxy,

―voter number‖ means, in relation to a person registered in the register of local

government electors, the person’s electoral number, 20

―voting age‖ means age 16 or over.

Page 150: Scottish Independence Referendum Bill Independence Referendum Bill... · ii Scottish Independence Referendum Bill Report on referendum 24 Report on the conduct of the referendum Electoral

SP Bill 25 Session 4 (2013)

Scottish Independence Referendum Bill [AS INTRODUCED]

An Act of the Scottish Parliament to make provision, in accordance with paragraph 5A of

Part 1 of Schedule 5 to the Scotland Act 1998, for the holding of a referendum in Scotland on

a question about the independence of Scotland.

Introduced by: Nicola Sturgeon

On: 21 March 2013

Bill type: Government Bill

Parliamentary copyright. Scottish Parliamentary Corporate Body

Information on the Scottish Parliament’s copyright policy can be found on the website -

www.scottish.parliament.uk

Produced and published in Scotland on behalf of the Scottish Parliamentary Corporate Body by APS Group Scotland.

ISBN 978-1-78307-696-3